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FCC Reclassifies DSL, Drops Common Carrier Rules

Neil Wehneman writes "Via Media Law Prof Blog, it is reported that the FCC has reclassified broadband service as an "information service" instead of "telecommunications". This, among other things, gives the Baby Bells the same gift the cable companies got with Brand X : the right to stop opening their lines to competitors."

8 of 310 comments (clear)

  1. Not a good thing by gomaze · · Score: 5, Interesting

    This is going to only going to create local monopoly providers. I work for a small, state of michigan only internet provider. That has been around for 8 years. We have started servicing DSL and it is exploding.

    People are coming to us because they dont have to call flippin India to get tech support and they know we are a locally owned family company. We can provide DSL for $20 a month for a year contract and after you add the taxes and charges of SBC you are at that or over it.

    It is times like this why I shake my head and ask why the rebulican party wants to kill local businesses, seeing that is what they say they stand for.
    ----
    Gomaze

  2. Larry Magid by jmichaelg · · Score: 3, Interesting
    Larry Magid said on CBS something to the effect that the telcos still have to allow access to the copper wire but don't have to allow access to the telco equipment. For all I know about DSL equipment, DSLAM may as well be what Mark McGuire hits.

    Does Magid's comment make any sense to those of you who know how DSL works?

  3. Why was the press's initial reaction so positive? by rcw-home · · Score: 4, Interesting
    I've been watching the stories on this since they started hitting news.google.com. Most of the initial headlines were "FCC eases rules" or "Phone companies get internet relief".

    Is it unreasonable to expect headlines like "Local ISPs across the country doomed"? Even if the press doesn't care about the ISPs, that's a lot of people who will probably be out of work soon, and employment trends generally are something the press cares about.

    I hate this ruling for several reasons:

    • It's the FCC wantonly overriding Congress. The line-sharing rules were set up by Congress as a main purpose, perhaps the main purpose of the 1996 Telecommunications Reform Act.
    • The wiring that the phone companies pretend is theirs alone really belongs to the people. It's common infrastructure - if everyone had to attempt to duplicate it to compete, the result would be an expensive mess.
    • It reduces us to a handful of choices for ISPs. The cable company, the phone company, maybe a WiMax ISP, some form of satellite access, etc. Those of us who consciously chose to buy our DSL service from a competitor do it for the markedly better customer service and for more options.

    I think that the press is slowly starting to pick that up, thanks in part to organizations such as the Consumers Union. I hope the FCC is forced to reconsider. If they don't, I hope the local ISPs take the initiative to build some new infrastructure of their own (and I hope it's something so clearly better that it's not just an expensive mess).

  4. Re:Uh oh by airjrdn · · Score: 3, Interesting

    Assuming you're here in the states; if you have small children, I'd skip the VOIP and stay w/the telco.

    It's the law that the telco provide your phone with power, meaning even in a power outage, you can use your phone (dial 911, etc.).

    Your broadband provider isn't under that same law. No power = no service.

  5. Perhaps more long-term effects by ZPO · · Score: 3, Interesting

    It seems unclear from the press release whether the upcoming R&O, which doesn't seem to have been published yet, removes the requirement for ILECs to share copper pairs as UNEs or simply removed the requirement to share DSLAM ports as UNEs.

    I find this section from the press release more chilling on a long-term basis:
    "The Order also requires facilities-based providers to contribute to existing universal service mechanisms based on their current levels of reported revenues for the DSL transmission for a 270-day period after the effective date of the Order or until the Commission adopts new contribution rules, whichever occurs earlier. If the Commission is unable to complete new contribution rules within the 270-day period, the Commission will take whatever action is necessary to preserve existing funding levels, including extending the 270-day period or expanding the contribution base."

    (Emphasis Added)

    This is the FCC putting everyone on notice that they may expand the list of services/providers which pay into USF. That is a step that I don't want to see happen. While USF is a nice theory, in practice it is used as a method to defray costs for the incumbent telcos in serving desired markets. Can anyone provide several examples of rural CLECs or WISPs receiving USF dollars to support their efforts?

  6. Competition... by e12532 · · Score: 4, Interesting

    Leased loops are not going away. The telcos still have to provide access to the dry copper going out to customer locations. This ruling simply says that the telcos no longer have to provide the actual service on these copper pairs. I can see how in some areas this will be devastating. The company I work for, fortunately, has enough vision that they've seen this coming. For the past several months we've been implementing a solution using Ciena networks equipment that will allow us to continue providing dial tone as well as DSL to formerly resold SBC and Bell South customers. Basically instead of the copper getting plugged into SBC / Bell South equipment it is physically moved into our collo equipment. This is actually better for our company, leasing a copper pair is far less expensive than just reselling DSL or local phone service, and it gives us the opportunity to grow into new service areas and offer price points we weren't able to meet previously.

    Also, we've obtained a $100 million grant to develop fiber networks in three cities, over which we will be able to provide data, voice, and television services...

    This ruling is just a kick in the arse of the small telcos who have been skimming profit from the large ones by just reselling service (they've been able to do this for around 5 years now)

    As someone else said, the teat is being taken away, it's time for the small telcos to stand on their own two feet and invest in their own infrastructure...

    Just my $.02

  7. no common carrier == censorship possible by UlfGabe · · Score: 3, Interesting

    DO NOT forget that should common carrier status be dropped that ISP's can now CENSOR PARTS OF THE INTERNET.

    Please Correct me if I am mistaken, This is wildly more important that price gouging.

    For example, the ISP you are currently at may block you from going to a competetors site, a party may give $$$ to the ISP and block you from viewing another party's website.

    --
    Check journal for info on Anti-TextBook, an idea by me.
  8. The renaming game... by linuxhansl · · Score: 3, Interesting
    Renaming things to circumvent or change the laws regarding the renamed thing seems to be in fashion. (Somewhat off topic)
    • "Enemy Combatant" instead of "Prisoner of War"
    • "Act of War" instead "Terrorist Attack"
    • "Terrorist" instead of "Criminal" (happened in some cases)
    • "Information Service" instead of "Telecommunication"
    • and so on, I wonder what's next
    Renaming is convenient, you do have to go through all the trouble of actually changing the law, finding majorities and such.
    Just name things differently and the law does not apply anymore (or so it seems these days). It's that easy.