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[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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