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To: American Spirit who wrote (2679)7/21/1999 12:26:00 AM
From: alias  Respond to of 4298
 
Absolutely.



To: American Spirit who wrote (2679)7/21/1999 2:12:00 AM
From: alias  Respond to of 4298
 
From this morning (7/21) WSJ

uly 21, 1999

FCC Will Intervene in Battle
Over Broadband-Cable Access

By KATHY CHEN
Staff Reporter of THE WALL STREET JOURNAL

WASHINGTON --The Federal Communications Commission's chairman,
William Kennard, said the FCC will intervene in a court case over whether
local regulators can require cable-television companies to open their new
high-speed wires to rival Internet service providers.

Mr. Kennard told a meeting of the Federal Communications Bar
Association in San Francisco Tuesday that he decided to file a brief in the
case because he wants to ensure a national no-regulation policy for the
Internet, rather than let local governments impose rules. He added that
his statement will "explain to the court why it's important that we have a
national policy."

Last month, a federal court in Oregon ruled that the city of Portland has
the authority to require AT&T Corp. to provide open access of its cable
lines to competitors. AT&T has appealed the ruling, which is now before
the federal appeals court in San Francisco. Mr. Kennard plans to file a
friend-of-the-court brief, in hopes it will serve as a guide for the appeals
court's decision.

Mr. Kennard's announcement came as local officials asserted their
jurisdiction over the open-access issue. The National Association of
Counties, which represents two-thirds of the nation's counties, approved
a resolution during its annual meeting in St. Louis that local governments
can require cable companies to provide open access. The resolution adds
that if the FCC or Congress works toward a national policy, they must
"continue to give local governments the opportunity to opt to require
open access," said Bob Fogel, the group's associate legislative director
for transportation and telecommunications.

The law isn't totally clear on who has authority over the issue; cable
regulations say local and federal regulators share jurisdiction. Mr.
Kennard said in his speech that FCC staff will meet with the agency's local
and state government advisory committee this week to hear local
officials' concerns and explain his stance.

While the counties' resolution doesn't take a stand on whether local
governments should require access, it could spell trouble for AT&T. The
communications giant has committed some $140 billion to buying cable
companies, including Tele-Communications Inc. and MediaOne Group Inc.
But it says these investments won't be worthwhile if it must open its
cable lines to competitors, and has launched an intense lobbying campaign
at the local level.

But the resolution underscores the growing interest among grass-roots
officials and groups over the issue, and could result in more localities'
mandating open access. Besides Portland, Broward County, Fla., recently
decided to require open access, while San Francisco officials are
scheduled to vote on the issue Monday. Meanwhile, hundreds of other
cities will be deciding whether to approve AT&T's purchase of MediaOne,
and might try to attach open-access conditions.