FCC Opens Proceeding on Open Access to Cable Systems (fwd)

[Heiko Recktenwald <uzs106@ibm.rhrz.uni-bonn.de>]

NEWS

 Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554 News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555


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This is an unofficial announcement of Commission action. Release of the full
text of a Commission order constitutes official action. See MCI v. FCC. 515
F 2d 385 (D.C. Circ 1974).
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 FOR IMMEDIATE RELEASE
June 30, 2000   NEWS MEDIA CONTACT:
Michelle Russo at (202) 418-2358



 FCC CHAIRMAN TO LAUNCH PROCEEDING ON "CABLE ACCESS"

Kennard Says Time is Right to Establish Record on Marketplace Developments




Washington, DC - The Chairman of the Federal Communications Commission
(FCC), William E. Kennard, announced today that he will propose that the FCC
begin a formal proceeding on the issue of multiple Internet service
providers gaining access to a cable company's platform.
At a press briefing today, Chairman Kennard said that last week's decision
from the U.S. Court of Appeals for the Ninth Circuit in the AT&T v. City of
Portland case confirmed the FCC's role in establishing a national broadband
policy for the country. He also said that the court clearly recognized the
FCC's authority to forbear from regulation in this area.

The FCC filed an amicus brief in the case that outlined the need for a
national policy and also informed the court that the FCC has not determined
whether high-speed Internet access over the cable plant is a
"telecommunications" service. The Ninth Circuit Court determined that this
type of service is both a "telecommunications" service and an "information"
service. Kennard said that the categorization of "telecommunications"
service does not necessarily mean that the service is subject to all of the
common carrier regulations that apply to telephone companies. The purpose of
the new proceeding will be to resolve these issues and bring certainty to
the marketplace.

Kennard said, "I have asked the FCC staff to develop a framework for
addressing these issues. I continue to believe that there are powerful
marketplace incentives that will move the cable platform to an open
platform. Now is an appropriate time for the FCC to address the legal issues
and to assess developments in the marketplace."

Chairman Kennard also said, "I agree with the municipalities in the goal of
an open cable platform. The question is how do we get there, through
government intervention or market forces? My preference is market forces,
but if the market doesn't work then we'll have to step in." -FCC- For more
information and news about the FCC, please visit the web site at www.fcc.gov