[IP] Here it comes: Regulation of the Internet and ISPs
As they say, the best legislation money can buy. djf
Begin forwarded message:
From: Brett Glass <brett@xxxxxxxxxx>
Date: September 17, 2005 1:39:12 PM EDT
To: dave@xxxxxxxxxx, Ip ip <ip@xxxxxxxxxxxxxx>
Subject: Here it comes: Regulation of the Internet and ISPs
Here's some information on the broadband bill that's about to pass
out of the House Energy and Commerce Committee. A bag of goodies for
the reconsolidating Baby Bells, it has lots of implications for
independent ISPs and WISPs -- not all of them good. For example, it
requires all broadband ISPs to register with the FCC and ALLOWS THE
FCC TO DENY THE APPLICATION AND PROHIBIT IT FROM OFFERING SERVICE.
Yes, that's right, folks; if this bill goes through, you must say,
"Mother, May I?" to be an ISP. It also requires all VoIP providers to
ask government permission to offer VoIP.
It also mandates E-911 services for VoIP, thus disadvantaging
independent VoIP providers. And it requires that VoIP providers be
able to provide geographic information about callers (which implies,
in turn, the ability to determine the physical location of any
Internet user). So much for privacy or anonymity on the Internet!
Other provisions (it's a long, meaty bill) would likely give the
cable/ILEC duopoly major advantages over independent ISPs and WISPs.
Below is a Washington Post article on the bill, followed by a press
release from the Committee, followed by links to a brief analysis and
the text of the bill itself.
--Brett Glass
Draft Legislation Aims To Aid Competition In Broadband Services
By Arshad Mohammed
Washington Post Staff Writer
Friday, September 16, 2005; D02
A key House committee released draft legislation yesterday requiring
broadband providers to allow their subscribers to view any legal
online content, a policy aimed at keeping big Internet companies from
restricting access to competitors' Web offerings.
The House Energy and Commerce Committee draft is a victory for
advocates of "net neutrality" -- the idea that Internet providers
have to stand aside and allow customers to access any Web pages as
long as the content is legal. The principle is considered crucial to
preserving the open nature of the Internet and preventing big
broadband providers from squeezing out smaller competitors that offer
voice, video or other services.
Another provision in the proposed law also makes it easier for
telephone companies to offer television over high-speed lines. It
seeks to free cable and telephone companies from having to negotiate
video franchises with numerous local authorities around the country,
instead giving the Federal Communications Commission more authority
over the process.
That would largely benefit the major telephone companies like Verizon
Communications Inc., SBC Communications Corp. and BellSouth Corp.,
which hope to offer television over fiber-optic lines. Yesterday,
officials at those companies reacted favorably to the legislation.
Other aspects of the draft legislation are aimed at making sure cable
and telephone companies get equivalent regulatory treatment as they
offer broadband Internet access.
The draft is a first salvo from the committee, which is led by Texas
Republican Joe Barton, in what is likely to be a lengthy battle in
Congress over any rewrite of the 1996 Telecommunications Act.
Article at:
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/15/
AR2005091502257.html
------
Committee Releases Draft Broadband Legislation
Section by Section Summary
Staff Discussion Draft
WASHINGTON - The House Energy and Commerce Committee today released
bipartisan staff discussion draft legislation that is designed to
grow the U.S. economy by accelerating the deployment of new Internet
services for consumers.
"The Telecommunications Act of 1996 spurred the development of
telephone competition, but no one could have foreseen the magnitude
of the challenges and opportunities that the Internet age has
presented. New services shouldn't be hamstrung by old thinking and
outdated regulations," said Chairman Joe Barton, R-Texas. "We need a
fresh new approach that will encourage Internet providers to expand
and improve broadband networks, spur growth in the technology sector
and develop cutting-edge services for consumers.
"Updating the 1996 law is one of my top priorities for this fall and
this bipartisan discussion draft represents a solid first step. I
especially want to thank Ranking Member John Dingell, Subcommittee
Chairman Fred Upton, Subcommittee Ranking Member Ed Markey and
Committee Vice Chairman Chip Pickering for their hard work and
critical contributions."
"This staff draft is a very useful starting point in the process,"
said Dingell. "I look forward to continued bipartisan efforts to
resolve these tough issues, and to full and fair committee
consideration."
Highlights of the staff discussion draft:
* Creates common regulatory definition for broadband Internet
transmission services (BITS) which includes Digital Subscriber Line
(DSL), cable modems, and other broadband services.
* Ensures network neutrality to prevent broadband providers from
blocking subscriber access to lawful content.
* Provides a uniform, federal regulatory framework for broadband
providers, Voice-over-Internet Protocol (VoIP), and broadband video
providers, except in some areas where state or local rules still
apply, such as rights-of-way.
* Authorizes the FCC to determine that VoIP can be required to
contribute to the Universal Service Fund.
* Develops a streamlined franchising process for broadband video
providers.
* Applies many current cable video requirements to broadband video
providers.
* Allows municipalities to develop and deploy BITS, VoIP and
broadband video services. However, municipalities can't provide
preferential treatment for these services and must comply with all
regulations governing private-sector providers.
* Ensures that VoIP subscribers have access to 911.
Source:
http://energycommerce.house.gov/108/News/09152005_1642print.htm
Section by section summary of the bill:
http://energycommerce.house.gov/108/News/09152005_1642print.htm
Draft text of the bill itself:
http://energycommerce.house.gov/108/News/09152005_staff_disc.pdf
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