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Adopted: February 17, 2000
CC Docket No. 98-146   CCB		 Comments Due: March 20, 2000
Reply Comments Due: April 4, 2000.		 Report Approved 8/3/00
Report Released: Aug 22, 2000		 .
Second 706 Report

IN THE MATTER OF INQUIRY CONCERNING DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS IN A REASONABLE AND TIMELY FASHION, AND POSSIBLE STEPS TO ACCELERATE SUCH DEPLOYMENT PURSUANT TO SECTION 706 OF THE TELECOMMUNICATIONS ACT OF 1996. Issued Notice of Inquiry that begins second inquiry into whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion. Action by the Commission. .  (FCC No. 00-57).

Sec 706 is a curious provision of the Telecom Act of 1996 which requires the FCC to determine whether advance services are being provided to all Americans in a reasonable and timely manner.  This proceeding looks primarily at the deployment of broadband telecommunications looking at issues that include rural deployment and access by those with disabilities.  Facilities considered include DSL, cable, wireless, satellite, and fiber.  If the FCC determines that advanced services are not being deployed in a reasonable and timely manner, Sec. 706 directs the FCC to take immediate action.

The FCC has already conducted its first Sec 706 analysis and released its Report to Congress.  This proceeding reviewed the deployment of broadband in long distance, Internet backbone, and the last mile, and such issues as Internet peering, cable open access, and whether the BOCs should be permitted into Interlata data services.  The FCC concluded that the broadband market was nascent and competitive, and that investment in broadband is taking place at a rapid pace.

This proceeding is the second round and the FCC is requesting that parties provide less rhetoric and more solid data on broadband deployment.

Broadband deployment is a key issue for improved Internet usage.  The current NOI make one specific reference concerning Internet Service Providers which is stated below:

Attachment
20.     Internet Service Providers.  The ventures mentioned above include what could be referred to as facilities-based broadband ISPs (i.e., one company offering both Internet service and the broadband facility over which that service is accessed).  There is a significant number of other ISPs who are pursuing non-facility based business plans, gaining access to their users over the facilities of third parties.  These ISPs, in the view of some, are a driving force in the deployment of broadband.(66) 

(66)  A recent Cahners In-Stat Group Report reportedly indicates that ISPs are rushing to provide DSL service, that one-third of ISPs are providing high-speed service based on DSL, and that ISPs are largely partnering with Regional BOCs in order to provide this service. ISP Rush To DSL "A Stampede," Report Says, CNNfn (Dec. 2, 1999) (visited Dec. 7, 1999) <http://www.cnnfn.com/news/technology/newsbytes/140201.html>.
 

Hearings***
  • FCC Cites High-Speed Digital Divide Aug 4, 2000 washingtonpost
  • FCC Gives Cautious Thumbs-Up To Broadband Aug 4, 2000 cnet
  • FCC Issues Report on the Availability of High-speed and Advanced Telecommunications Services. 8/3/00 Aug 3, 2000 fcc
  • Broadband Still Lags In Poor, Rural Areas Aug 3, 2000 newsbytes
  • Broadband Rollout Still Lags In Poor, Rural Areas - Report Aug 3, 2000 newsbytes
  • High-speed Net access growing Aug 3, 2000 usatoday
    • Local Competition and Broadband Reporting, CC Docket No. 99-301
    LOCAL COMPETITION AND BROADBAND REPORTING. Adopted rules and standardized form to collect basic information about two critical and dynamic areas of the communications industry: the development of local telephone service competition and the deployment of broadband services. Dkt No.: CC- 99-301. Action by the Commission. Adopted: March 24, 2000. by R&Order. (FCC No. 00-114). CCB 

    FCC Adopts Data Collection Program To Assess Local Telecommunications Competition And Broadband Deployment. Information to Assist Commission's Efforts to Further Deregulate Telecommunications Markets and Determine State of Broadband Deployment; News Media contact: Mike Balmoris 202-418-0253. by MO&O. Action by: the Commission. Adopted: March 24, 2000. Dkt No.: CC- 99-301. CCB. News Release

    This proceeding is promulgating rules requiring certain entities to report data to the FCC on the deployment of broadband.  Below is some relevant language of significance to the Internet:

     61.  The Commission does not regulate internet services, but recognizes that Internet Protocol (IP) telephony may become an important substitute for circuit-switched telephony.  As a result, when evaluating the development of local competition, we believe it is necessary to include the development of IP-telephony service.  However, while the proposed survey instructions direct reporting entities to report lines that may be used in connection with IP- telephony service, as discussed below, the survey questions do not identify the use of IP- telephony per se.  We seek comment whether we should undertake a more specific determination of the extent to which the internet is being used to provide telephony services and how we should do so.
         62.  Survey instructions direct LECs to report lines in service that connect directly to an end user at one end and, at the other end, connect to a carrier switch or to a network that carries voice calls to the public switched telephone network.  For purposes of this Notice, "public switched telephone network" includes the traditional circuit-switched telephone network as well as all alternatives to the wireline infrastructure, regardless of switching technology.  The distinguishing characteristic is that only those networks that enable a telephone service subscriber to place a voice call to any other telephone service subscriber are included.  Thus, for example, the number of lines reported by a LEC would not depend on whether that LEC has deployed packet-switching technology into some, or all, of its serving wire centers.  Similarly, the LEC would report a line if it connects an end user to the network of another entity that offers telephone service to the general public, regardless of the switching technology deployed in the network of that entity.
         63.  Reported numbers of lines in service to end users therefore would include (but would not separately identify) lines serving residences in which computer hobbyists, for  example, have installed software that enables voice calls to be placed over the public internet. The reported number of lines also would include any unbundled LEC loops that the LEC provides to another communications carrier in connection with the second carrier's offering of an IP-telephony service to the general public.  By contrast, to the extent that a corporation uses a dedicated network to carry IP-based voice calls, the lines that comprise the dedicated corporate network would not be counted in the survey.
         64.  We note that numbers of lines in service to end users, reported in Sections I - III of the survey, also would not include lines (or, more precisely, added functionality of lines) that connect end users to internet service providers (ISPs) but which the reporting carrier provides to the ISP rather than to the end user.  Examples of such arrangements are the recently announced agreements under which America Online will lease, from Bell Atlantic and SBC Communications, Digital Subscriber Line (DSL) capacity that America Online will incorporate into a premium (higher-speed) option for its internet service.  In these circumstances, however, the LEC that provides DSL capacity to the ISP would continue to report the voice grade line that it provides to the end user.  Also, if the DSL capacity that is provided to the ISP meets the definition of broadband that we propose to adopt for purposes of the survey (i.e., supporting either one way or two way communication, at bandwidthgreater than 200 Kbps), and the line connects to a customer, then, as outlined in the next section of this Notice, the ISP would report the line in Section IV and possibly Section V of the survey.  We invite comment on this particular means of collecting data about DSL, and potentially other, high-capacity communications services with internet-related uses.

    		 FCC Local Competition And Broadband Reporting Requirements Webpage

    See Form 477 FAQ Do ISPs have to File?

    Notice of Proposed Rulemaking | Wordperfect | Adobe | Text | (proposed rules governing deployment of broadband)

    Press Release (Oct 8, 1999)

    WIP Internet Telephony webpage

    Exparte Rules:  This is a "permit-but-disclose" proceeding.  You can voice your opinion but must file a written summary of your views with the FCC Secretary. See Ex Parte Fact Sheet ¶¶ 9-10.

    Apr 17 FCC Data Collection Workshops. FCC, Wash D.C.

    IN THE MATTER OF LOCAL COMPETITION AND BROADBAND REPORTING. Erratum to R&O (FCC-00-114), released March 30, 2000. Action by Chief, Common
    Carrier Bureau. Adopted: April 14, 2000. by Erratum. (DA No. 00-869). CCB 

    Released: April 28, 2000. DATA COLLECTION WORKSHOP TO BE HELD ON MAY 1, 2000 SECOND WORKSHOP TO ASSIST CARRIERS IN COMPLYING WITH THE NEW LOCAL
    COMPETITION AND BROADBAND REPORTING REQUIREMENT. Dkt No.: CC-99-301. Contact: FCC Call Center at 1-888-CALL-FCC or TTY: (202) 418-0484. News
    Media Contact: Michael Balmoris (202) 418-0253.
  • FEDERAL COMMUNICATIONS COMMISSION RELEASES DATA ON HIGH-SPEED SERVICES FOR INTERNET ACCESS. The Federal Communications Commission (FCC) today released summary statistics of its latest data on the deployment of high-speed Internet services in the United States.. News Release. Adopted: 08/09/2001 CCB. Contact Michael Balmoris at 202-418-0253 Report | Press Release
  • U.S. Report Inspires Hot Debate over High-Speed Internet, Newsfactor 8/13/01
  • FCC: Broadband customers up 158 percent, CNET 8/10/01
  • High-speed Internet connections more numerous, FCC says, Nando 8/10/01
  • Broadband Use Skyrocketing - FCC, Newsfactor 8/10/01
  • FCC Reports 63 Percent Jump In Broadband Use, Washtech 8/10/01

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