<<< Date Index >>>     <<< Thread Index >>>

[IP] FCC kills mandated DSL wholesale and sanctifies a wireline duopoly as vibrant competition - Gone is Muni FTTH?





Begin forwarded message:

From: "Francois Menard (Mailing List Account)" <fm-listproc@xxxxxxxxxx>
Date: August 6, 2005 3:50:42 AM EDT
To: CYBERTELECOM-L@xxxxxxxxxxxxxxxx
Subject: FCC kills mandated DSL wholesale and sanctifies a wireline duopoly as vibrant competition - Gone is Muni FTTH? Reply-To: Telecom Regulation & the Internet <CYBERTELECOM- L@xxxxxxxxxxxxxxxx>


FCC kills mandated DSL wholesale and sanctifies a wireline duopoly as vibrant competition - Gone is Muni FTTH?
by François at 02:31AM (CDT) on August 6, 2005  |  Permanent Link
http://tim.blogware.com/blog/_archives/2005/8/6/1112664.html

In a press statement issued today, the FCC commissionners have agreed that the future of broadband in the US was better left in the hands of market forces.

Commissionner Copps however concedes that what the FCC has chosen to do today amounts to prospective regulatory making on a purely theoritical basis. That has not stopped him however from concurring with the other Commissionners with the only announced accountability of the FCC being that he says he intends to keep tabs to see if what is supposed to happen truly does. But just who will be there to keep tabs when the term of Commissioner Coops expires on May 1, 2006?

In the same statement, the FCC annnounces that it intends to issue a public inquiry in which it will begin to investigate issues associated with the walledgardenization of broadband access and by interence, must now look into intercarrier compensation in the context of broadband peering at public Internet NAPs which to this date has remained free from FCC investigations.

While ISPs in Canada can behave like ostriches and duck their heads in the dirt and avoid thinking about the ripple effects of the FCC continuing to push the limits of the impossible in avoiding to consider the impact of their policies on the survival of the same independant ISPs which have created the market of retail internet services, we can bet that the ILECs in Canada will take advantage of the Telecom Review and start pointing out to the grand canyon emerging between CRTC policies and the FCC policies.

In analyzing regulatory policies from the perspective of a regulatory framework which is supposed to lead to sustainable competition by remaining conducive to further facilities-based entry, consequences of the disappearance of mandated wholesale of DSL facilities are evident, that is, no more reasons for retail price discipline, thus no more price floors, which will arguably lead to foreclosure of further entry by other entities than the incumbent Telco's and cable carriers.

Consequently, the risks of Municipal FTTH entry have just been quintupled - do it and the ILECs and the Cable Carriers will immediately react by way of targeted decreases of DSL and cable modem services only for as long as necessary to kill Municipal FTTH while still in the eggshell.

While the FCC is surely not foolish enough to believe that the public interest will be served by targeted price decreases of ILEC and MSO fat wasteband, the FCC seems to believe that they are acting in the public interest in making it more difficult to make a business case for municipal FTTH.

Unlike the CRTC, the actions of the FCC remain elusive as to whether the FCC truly believes that its prospective regulatory theories are compliant with the FCC's statutory obligation to administer a regulatory framework conducive to sustainable competition by ensuring that regulatory relief will exist for other carriers than ILEC and MSOs interested in making investments into their own facilities.

It is frustrating to see the American public endorse the fact that the FCC will be leading another 7 year market experiementation cycle in total disregard for the lessons supposed to be learned from the previous experiementation cycle with telecom competition concluding today.

With today's FCC action, it seems a safe bet that in 7 years, there will be no more wireline providers serving homes of Americans than their are today with only some exceptions coming to mind, Lafayette, being the latest one.

It is sad to see the FCC officialize new rules that will allow targeted below cost pricing by incumbent Telco's and MSO's with no systematic regulatory relief before the FCC. This could hardly be construed as a positive thing.

-=Francois=-
819 692 1383

-------------------------------------
You are subscribed as roessler@xxxxxxxxxxxxxxxxxx
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/