FCC launches proceeding to promote widespread deployment of high-speed broadband Internet access services - Top Story - Brief Article

ISP Business, Feb, 2002

On February 14, 2002, the Federal Communications Commission (FCC) adopted a major rulemaking to promote greater deployment of broadband services. The Notice of Proposed Rulemaking (Notice) is poised to resolve outstanding issues regarding the classification of telephone-based broadband Internet access services and the regulatory implications of that classification. The additional clarity brought by the resolution of these issues will promote greater investment in the nation's broadband infrastructure.

In the Notice, the FCC tentatively concluded that wireline broadband Internet access services - whether provided over a third party's facilities or self-provisioned facilities - are information services with a telecommunications component, rather than telecommunications services. Information services include such services as voice mail and e-mail, which ride over telecommunications facilities.

The action follows four other related proceedings - the Cable Modem NOI, the National Performance Measures NPRM, the Incumbent LEC Broadband Notice and the Triennial UNE Review Notice. These proceedings, together with this new action, build the foundation for a comprehensive and consistent national broadband policy.

In addressing these issues raised in this Notice, the Commission is guided by the following principles and policy goals:

1. Encourage ubiquitous availability of broadband access to the Internet to all Americans.

2. Promote competition across different platforms for broadband services.

3. Ensure that broadband services exist in a minimal regulatory environment that promotes investment and innovation.

4. Develop an analytical framework that is consistent, to the extent possible, across multiple platforms.

In addition to the threshold classification issues, the Commission seeks comment on a number of issues, including:

- whether the Computer Inquiry network access requirements should be modified or eliminated;

- whether important national security, network reliability and consumer protection obligations should apply to providers of wireline broadband Internet access services; and,

- how to strike an appropriate balance of responsibilities between the Commission and the states with respect to broadband Internet access services.

Additionally, this Notice seeks comment, without drawing any conclusions, on whether facilitiesbased broadband Internet access providers should be required to contribute to support universal service. In the Contribution Methodology Further Notice, the Commission asks whether the contribution assessment methodology for universal service should be changed.

The Commission is currently considering parallel issues regarding the regulatory classification of cable modem service in the Cable Modem NOI. These issues will be resolved in that separate proceeding.