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To: Kenneth E. Phillipps who wrote (4038)	6/5/1999 7:50:00 AM
From: Kenneth E. De Paul	Read Replies (1) \| Respond to of 12823

In prior court ruling, the FCC seems to have capitulated. With all the hub bub of senate hearings right now, I wouldn't bet on that.

To: Kenneth E. Phillipps who wrote (4038)	6/5/1999 11:56:00 AM
From: Frank A. Coluccio	Respond to of 12823

Ken, your observation presents an excellent backdrop for a much broader consideration... "The federal Constitution gives the power to regulate interstate commerce to the federal government - not the states and Congress has delegated this power to the FCC. If every municipality has the power to decide an issue like this, we will have chaos. I expect an eventual decision in Ts favor." The issue of whether or not Internet access is a long distance service or a local one has been discussed and argued for the past twenty years. Currently, the issue surrounds such topics as ILEC access charges, forbearance on long distance treatment to ITSPs, and the waivers on charges for "enhanced service providers," whatever those are, these days. There is no solvency on this issue across the board among the disparate rule makers and regulatory agencies, in other words. So, I don't think the issue is as clear cut as you would make it appear, fwiw. Regards, Frank Coluccio