WALL ST JOUR,ÿ 2/21:FCC Rejects Attempt to Force Cable Firms to Lease Net Accessÿ
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ FCC Rejects Attempt to Force ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Cable Firms to Lease Net Access
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ By MARK WIGFIELDÿ ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Dow Jones Newswires
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ WASHINGTON -- The Federal Communications ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Commission has quashed an attempt by an ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Internet-service provider to force cable companies to ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ lease broadband capacity to it under a novel ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ interpretation of a law intended to promote diverse TV ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ programming.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ The decision is part of a broader debate over "open ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access " to cable networks that may help determine ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ which companies get access to fat pipelines that could ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ provide consumers with superfast access to voice, ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ video, data and other services.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ In a 5-0 vote, the FCC decided that the Internet-access ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ services offered by Internet Ventures Inc. of Washington ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ state and its subsidiary, Internet On-Ramp Inc., aren't ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ video-programming services such as those provided by a ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ television station. Only providers of such video services ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ are entitled to lease access from a cable system.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ The law is intended to give third-party programmers ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access to cable outlets in order to ensure diversity of ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ programming. But in a petition to the FCC, Internet ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Ventures argued that Internet access should be ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ considered a video service eligible for leased access.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Internet Ventures' petition was seen as a novel twist on ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ the "open access" debate, in which Internet-service ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ providers have argued that they should have the same ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access to broadband cable systems as they have to the ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ telephone network. While the FCC has encouraged ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ companies such as AT&T Corp. to provide open access, ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ it has said any regulation would be premature.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Currently, most Americans access the Internet at home ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ through clunky analog telephone lines designed to carry ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ voice rather than data. The big bottleneck has been the ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ prohibitive cost of wiring the "last mile" of broadband ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access to homes. While cable companies such as AT&T ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ and local-phone companies like Bell Atlantic Corp. have ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ begun to offer high-speed access to the home, only a ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ fraction of U.S. Internet users subscribe to these faster ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ services.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ A spokesman for AT&T praised the FCC decision. ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ AT&T called Internet Venture's petition "just another ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ baseless argument for government regulation of Internet ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access," saying "the marketplace is working."ÿÿÿÿ
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ But telecommunications analysts Scott Cleland of the ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Schwab Washington Research Group said that Internet ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Ventures was going to provide more than simple Internet ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access. Unlike a conventional Internet firm, it planned to ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ offer 100 television broadcast stations via streaming ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ video.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ "This was a decision as to whether an [Internet service ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ provider] could compete against cable and offer an ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ alternative video-programming package," Mr. Cleland ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ said. "The FCC shut that down."ÿÿÿÿ
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ But the FCC said the law doesn't require cable operators ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ to make capacity available for the range of services that ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Internet Ventures planned to offer.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ The FCC determined that it need address only the most ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ basic threshold issue, the agency said in a statement. And ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ that issue was whether Internet access is comparable to ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ programming provided by a television broadcast station. ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ The FCC concluded that it is not, the statement said.ÿÿÿÿ
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Don Janke, president of Internet Ventures, expressed ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ disappointment over the decision, saying it will result in ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ higher prices, fewer choices for consumers and ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ restricted growth for the Internet.
ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Internet Ventures offers dial-up and high-speed Internet ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ access services to markets in the U.S. with populations ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ of less than 500,000. It currently operates 14 local ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Internet service providers in California, Colorado, ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ Idaho, Oregon and Washington. |