Internet and Technology Industry Support Swells for Continued Non-Regulation of Broadband Networks
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Industry Warns About Risks to the Internet Posed by Portland Cable Access Case
REDWOOD CITY, Calif., Nov. 1 /PRNewswire/ -- As the Ninth Circuit today
considers whether or not local jurisdictions have the authority to impose new
regulations affecting the roll-out of broadband Internet services, a surging
number of high-technology companies have joined the chorus for a "Hands Off"
and free market oriented approach to encourage the medium's continued rapid
growth.
(Photo: newscom.com )
More than 120 leading Internet and technology-focused companies, including
BancBoston Robertson Stephens, Broadcom Corporation, Charles Schwab, COM21,
Critical Path, E*TRADE, General Instrument, MacroMedia, OnSale, and WebMD, are
expressing concerns that the Portland cable access case could stifle Internet
growth and innovation if it is upheld by the Ninth Circuit Court. In a letter
sent to FCC Chairman Kennard today, the companies argue "for the sake of the
Internet's future and what it can offer businesses and consumers, the
jurisdictional policy questions raised by the Portland case must be resolved
at the federal level."
Underscoring the overwhelming solidarity among technology and Internet
leaders, the 1000 member companies of the Telecommunications Industry
Association (TIA), the 27 leading computer, communications, and semiconducter
members of the Information Technology Industry Council (ITI), and the 60 new
media companies comprising the Digital Coast Roundtable have voiced their
opposition to local government regulation of broadband networks. These
industry groups believe that a heavy-handed government approach will lead to
delayed deployment of broadband services, fewer facilities-based broadband
offerings, less innovation, and higher prices.
As FCC Chairman Kennard and a majority of local municipalities have noted,
the marketplace will best deliver the vibrant competition that will spur the
investments and choices that will make winners out of American consumers.
This is clearly the prevailing national view, because only a handful of the
nation's 30,000 or so local jurisdictions have taken positions that forced
access to broadband networks is in the public interest. The remainder have
elected not to impose regulations or have reserved their rights to do so a
later time, if market conditions warrant.
Attached is a partial listing of supporters for continued non-regulation
of broadband cable services.
November 1, 1999
Honorable William E. Kennard
Chairman
Federal Communications Commission
1919 M Street, N.W.
Washington, D.C. 20554
"Dear Chairman Kennard,
"As Internet and technology focused companies, we have been following
closely recent FCC papers and statements about the regulation of the
Internet. Specifically, we have read the Commission's "Unregulation of
the Internet" paper and your comments before the Northern California
Communications Bar Association regarding the Commission's decision to file
an amicus brief in the Ninth Circuit appeal of the Portland decision.
"As you know, the major issue in the broadband debate today is whether
the government should intervene in the marketplace and require cable
companies to allow access to their networks to other companies and under
what terms and conditions. While we have different perspectives on this
specific question, we all agree strongly that such questions must be
answered at the federal level, not at the local or state level.
"You underscored in your comments that it is important to have a
national policy on broadband, rather than 30,000 local jurisdictions
setting their own, often conflicting, policies. The paper on the
'Unregulation of the Internet' emphasized that rather than imposing new
Internet regulations, the trend should be in the opposite direction. The
paper suggests that it makes more sense to 'deregulate the old instead of
regulate the new.'
"We support these positions. We are also very concerned that the
jurisdictional precedent set in the Portland case could have ramifications
beyond broadband policy. If the court does not support the FCC's
position, we believe that Internet growth will be slowed and that the
Internet will face a raft of possible new regulations in the realms of
taxation, privacy, quality of service, consumer protection, and other
areas.
"Our intention is not to criticize the role of state or local
governments. State and local governments play important roles in
exercising their statutory powers. But for the sake of the Internet's
future and what it can offer businesses and consumers, the jurisdictional
policy questions raised by the Portland case must be resolved at the
federal level.
"We all believe that a vibrant, rapidly growing Internet brings a host
of benefits to the U.S. economy and to society more generally. If the
Ninth Circuit does not overturn the lower court's decision, the Internet's
rapid growth could be slowed by a raft of inconsistent local policies.
"In summary, we believe that:
"1. A balkanized approach to the development of broadband Internet
access would subvert the goals of the 1996 Telecommunications Act,
reducing competition and innovation.
"2. The Ninth Circuit case revolves around whether or not local
jurisdictions have the authority to impose new regulations affecting the
deployment of broadband services. We hope that the court will decide
that localities do not have such jurisdiction, since a national policy
makes more sense.
"3. The precedent set in the Ninth Circuit could spill over and
adversely affect the Internet in other ways, such as new regulations being
imposed on the Internet involving such matters as taxation, privacy,
quality of service, and consumer protection.
"We look forward to the FCC continuing to provide valuable leadership
in these important debates."
Sincerely,
Accelerated Networks
Active Designs LLC
ADAM
Affinia
Agency.com
Anacom
Angara Database Systems
Arepa.com, Inc.
Atomz.com
Aventos
BancBoston Robertson Stephens
bCandid Corporation
Be Here Corporation
Beyond Logic
Blue Marble
Bluemountain.com
Broadcom Corporation
B3TV
Charles Schwab and Company
Clarity
COM21, Inc.
ComponentSource
Concept Kitchen
Constellar Corporation
Corcoran & Associates
Corporate Software and Technology
Critical Path, Inc.
Crystal Graphics
Dactyl
Dan's Chocolates
Dcourier
Digital Courier Technologies
Dynamic Access
EducationTalk.com
Elsinore Technologies
E-Realty.com
E-Stamp Corporation
E*Trade Corporation
ETranslate, Inc.
Excite@Home
ExeTech, Inc.
Exodus
Fairmarket
Firewater.com
First Regional Telecom, LLC
Gamexpress.com
General Instrument Corporation
Gold Leaf Systems
Harris Interactive
Homestead
Homnick Systems
Hotshot.com
ImaginOn
iMall, Inc.
InDepth Technology, Inc.
Inforocket
Interpro
InterSurvey
Ishtot, Inc.
I3 Solutions
JBSI
James Martin and Company (jm&co)
KiZAN Technologies
Linksys Group, Inc.
LogicTier
Lucidity
Mach 2 Systems
Macromedia
Magenic Technologies
Mariner
Marshad Group
Merant
Moss Software
Name.space
Napersoft
Neterp
Nightfire Software
Novo Interactive
The Ninth House Network
Oakwood Systems
ObjectSoft Corporation
Online Consulting
Onsale, Inc. (Jerry Kaplan, CEO)
Organic Online
Outside the Box Interactive
Pinecliff International
PlanetarySales.com
Positive Communications, Inc.
Power Conversion Products
Proflowers
RDA Consultants
RealNames Corporation
Reasoning
Rhythms NetConnections, Inc.
RMR & Associates, Inc.
Rocketworks, Inc.
Rosenbluth Interactive
Rubicon Technologies
RxCentric.com, Inc.
Samsung Global Strategist Group
Sax Software
Segasoft, Inc.
Sharewave, Inc.
Sheridan Software
SinoMetrics International, Inc.
Softworks
TalkingOnAir
2Wire
Terayon Communication Systems
Tioga Systems
32x
Triton Systems
TS Design, Inc.
Tvisions
Virasoft
Visionbroadcast.com
Visitalk.com
WebMD, Inc.
WineAccess, Inc.
Xenote, Inc.
Xwave Solutions
cc: Hon. Susan Ness
Hon. Harold Furchtgott-Roth
Hon. Michael Powell
Hon. Gloria Tristani
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