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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

  • Tuesday, April 11, 2000  10:00 a.m. in 2123 Rayburn House Office Building Subcommittee on Telecommunications, Trade, and Consumer Protection oversight hearing on the Status of Deployment of Broadband technologies. 
  • May. 22. FCC Fed-State Jt Conference on Advanced Services Field Hearing Lowell Massachusetts.
  • Jul 18 House Judiciary Hearing on Internet Freedom Act and Internet Growth and Development Act.  10:00 a.m. in 2237 Rayburn House Office Building.  Live Audio.
  • Apr. 17. FCC Fed-State Jt Conference on Advanced Services Field Hearing Anchorage, Alaska.
  • Apr. 19. FCC Fed-State Jt Conference on Advanced Services Field Hearing Sioux City Nebraska.
  • Public Notice: | News Release | FEDERAL STATE JOINT CONFERENCE ON ADVANCED SERVICES FIELD HEARING SCHEDULE. (DA No. 00-240). CCB Contact: Emily Hoffnar at (202) 418-0940; TTY (202) 418-0484 FEDERAL COMMUNICATIONS COMMISSION ANNOUNCES MEMBERS OF FEDERAL-STATE JOINT CONFERENCE ON ADVANCED SERVICES. Report No: CC  99-56. Dkt No.: CC- 99-294. News Media Contact: Michael Balmoris (202) 418-0253. CCB Contact: Emily Hoffnar at (202) 418-7396; TTY (202) 418-2555. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9095.doc
  • FCC PR:  FCC Establishes Federal State Joint ConferenceOctober 8, 1999

  • STATEMENT OF FCC CHAIRMAN WILLIAM E. KENNARD ON FEDERAL-STATE JOINT CONFERENCE. I wish to thank Bob Rowe in particular and also NARUC for a great idea: a federal-state cooperative effort to make high-speed Internet access a reality for all Americans.

  • 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
  • First Sec. 706 Inquiry

    • Closed: Report: 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 - Text. Released: 02/02/1999.
    • FCC Issues Report on the Deployment of Advanced  Telecommunications Capability to All Americans (CC Docket No. 98-146, FCC 99-5). [ News Release & Statements ] 1/28/99
    • Daily Digest Released: September 9, 1999.  COMMENTS REQUESTED IN CONNECTION WITH COURT  REMAND OF AUGUST 1998 ADVANCED SERVICES ORDER - CC DOCKET NOS. 98-11,  98-26, 98-32, 98-78, 98-91, 98-147. Contact: Staci Pies at (202) 418-1580.
    • Public Hearings:
      • Public Notice Released: October 2, 1998. Commission's Bandwidth Task Force and Common Carrier Bureau Announce Panelists and Topics for First Two Advanced Services Technical Roundtables. (DA No. 98-2004). Contact: Elizabeth Nightingale or Jason Oxman at (202) 418-1580.
      • Public Notice: Released: September 24, 1998. Commission's Bandwidth Task Force and Common Carrier Bureau Announce Three Advanced Services Technical Roundtables. (DA No. 98-1944). Contact: Elizabeth Nightingale or Jason Oxman at (202) 418-1580, or enightin@fcc.gov joxman@fcc.gov.
        • Technical Issues Relating to the Provision of Advanced Services Over the Local Loop: Loop Qualification and Subloop Unbundling Tuesday, October 6, 1998 1:30pm-5:00pm
        • Technical Issues Relating to the Use of Different Advanced Services Technologies: Spectrum Interference in the Copper Loop Thursday, October 8, 1998 2:00pm-5:00pm
        • Technical Issues Relating to the Collocation of Equipment used to Provide Advanced Services Tuesday, October 13, 1998 2:00pm-5:00pm
      • FCC to Hold En Banc Hearing on Bandwidth July 9, 1998. Public Notice. En FCC Banc Page.
    • FCC Launches Inquiry, Proposes Actions to Promote the Deployment of Advanced Telecommunications Services By All Providers (CC Docket Nos. 98-146, 98-11, 98-26, 98-32, 98-15, 98-78, 98-91, 98-147). [News Release | Summary |Kennard Statement | Ness Statement | Powell Statement | Tristani Statement ] 8/6/98 FCC 706 Web site with NOI, NPRM, and Order.
      • NOI
        • Comments Due September 8 September 14 (See Daily Digest 8/13/98 revising dates. Public Notice)
        • Replies Due October 8
        • COMMENTS:
        • DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS. Denied the Personal Communications Industry Association's Request for Extension of Time for filing reply comments to the Commission's Notice of Inquiry in CC Docket No. 98-46 to examine the deployment of advanced telecommunications capability. Dkt No.: CC- 98-146. Action by Deputy Bureau Chief. Adopted: September 28, 1998. by Order. (DA No. 98-1966). CCB. Daily Digest (September 29, 1998).
        • DEPLOYMENT OF ADVANCED TELECOMMUNICATIONS CAPABILITY TO ALL AMERICANS. Denied Information Renaissance's Request for Extension of Time to file reply coments to this NOI. Dkt No.: CC- 98-146. Action by Deputy Bureau Chief. Adopted: October 27, 1998. by Order. (DA No. 98-2157). CCB
      • NPRM
        • Comment Date: September 21 September 25, 1998 (See Daily Digest 8/13/98 revising dates. Public Notice)
        • Reply Comment Date: October 13 October 16, 1998
        • Daily Digest Released: October 8, 1998. COMMON CARRIER BUREAU ANNOUNCES EX PARTE MEETING SCHEDULE ON ADVANCED SERVICES RULEMAKING PROCEEDING - CC DOCKET NO. 98-147. (DA No. 98-2041). Contact: Florence Grasso at (202) 418-1579.
        • Daily Digest DEPLOYMENT OF WIRELINE SERVICES OFFERING ADVANCED TELECOMMUNICATIONS CAPABILITY. Denied the United States Telephone Association's request for an extension of the October 16, 1998, date for filing reply comments in CC Docket 98-147, NPRM released 8/7/98, proposing measures to promote the deployment of advanced services in a competitive manner by both incumbent local exchange carriers and new entrants. Dkt No.: CC- 98-147. Action by Chief, Policy and Program Planning Division. Adopted: October 13, 1998.

        • by Order. (DA No. 98-2056). CCB
      • Comments can be filed electroinically using the Commission's Electronic Comment Filing System.

    Petitions Pre-August 1998

    Speeches, Press Releases, Hearings

     

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