"The same cable network that currently provides television service to consumers is being modified to provide broadband access. Because cable networks are shared by users, access speeds can decrease during peak usage hours, when bandwidth is being shared by many customers at the same time. Network sharing has also led to security concerns and fears that hackers might be able to eavesdrop on a neighbor’s Internet connection. The cable industry is developing “next generation” technology which will significantly extend downloading and uploading speeds". - Broadband Internet Regulation and Access: Background and Issues, CRS p. 5 Jan. 26, 2006 OpenCRS ; Broadband Internet Regulation and Access: Backbround Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)
The FCC has concluded that Internet over cable broadband is an unregulated "Information service."
- Recommendation 4.12 The FCC should initiate a proceeding
to ensure that all multichannel video programming
distributors (MV PDs) install a gateway device or equivalent
functionality in all new subscriber homes and in all
homes requiring replacement set-top boxes, starting on or
before Dec. 31, 2012.
- Recommendation 4.13: On an expedited basis, the FCC
should adopt rules for cable operators to fix certain Cable-
CARD issues while development of the gateway device
functionality progresses. Adoption of these rules should be
completed in the fall of 2010.
Exhibit 3-E: Announced Upgrades to the US Fixed Broadband Network (Millions of Households Covered) Natl BB Plan p 20
Regulatory Proceedings
- Internet Ventures Petition for access to leased access channels in order to "broadcast" Internet content INTERNET VENTURES, INC./INTERNET ON-RAMP, INC. The Commission has denied a Petition for Declaratory Ruling filed by Internet Ventures, Inc., and its subsidiary, Internet On-Ramp, Inc. ruling that Internet service providers are not entitled to commercial leased access under Section 612 of the Communications Act. Action by the Commission. Adopted: February 7, 2000. by MO&O. (FCC No. 00-37). CSB
- Daily Digest Released: June 8, 1999. Cable Services Action - Petition Seeking Declaratory Ruling That Internet Service Providers Are Entitled to Commercial Leased Access to Cable Facilities under Section 612 of the Communications Act of 1934, as Amended.(DA No. 99-1104). Contact: Reference Information Center:
- Daily Digest INTERNET VENTURES, INC., INTERNET ON-RAMP, INC. Granted Motion of Extension of Time filed by Internet Ventures, Inc and Internet On-Ramp, Inc. to file replies until August 11, 1999 on Petition for Declaratory Ruling regarding whether Internet Service Providers are Entitled to Leased Access to Cable Facilities under Section 612 of the Communications Act of 1934, as amended. Action by Bureau Chief, Cable Services Bureau. Adopted: July 15, 1999. by MO&O. (DA No. 99-1392). CSB
- 7092. Public Notice
- Responses Due to Petition: July 13, 1999
- Replies to Petitions Due:
July 28, 1999. August 11, 1999
- Internet Ventures webpage
- FCC Slams Door on open-cable net ZDNet 2/23
- Feds Rule on Cable Modem Access Yahoo 2/23
- ISP's end run to high-speed service smothered C|NET 2/23
- FCC Thwarts Back-Door to Open Cable Internet Yahoo 2/23
- Virginia Congressman Appeals for Leased Access Internetnews 2/11
- ISPs to FCC: Let My People Flow Wired 12/21/99
- Los Angeles ISPs Invite FCC Chair to Chat InternetNews 12/17/99
- IVI Pitches Last Ditch Effort for Lease Access InternetNews 12/10/99
- Vermont In Support of Open Cable Access ISP Planet July 15 1999
In construing the pole attachment provision of the Communications Act, 47 USC § 224, the 11th Circuit concluded that Internet access provided through a cable system contains neither a cable service nor a telecom service.
In April 2000 the 11th Cir. Court of Appeals vacated the FCC's Pole Attachment Order. The item at issue in this order is whether the FCC has jurisdiction over facilities (wires) attached to telephone poles. The Court recognized that the FCC had jurisdiction over telecommunications and cable facilities, but that the Communications Act gave the FCC no clear authority attached to poles which is used for Internet access. This again raises the issue of whether cable that is used for Internet access is considered cable, telecom, or something other (this is at issue in the open access controversy). It also raises the question of what about the facility defines its regulatory status - is it the transport layer, the TCP/IP layer, or the communications as a whole. Is cable considered cable regardless of use, or does the fact that TCP/IP is transmitted on top transform cable into something other - and how can that be rationally explained? Previously different facilities fit neatly within different boxes - cable, telecom, wireless, satellite, broadcast. But as these facilities become fungible - as different facilities supply similar or the same services - the old boxes and the different regulations that applied become more difficult to work with. This proceeding, therefore, questions the continued viability of the enhanced versus basis service provider distinction and where Internet communications fits within communications regulatory schemes.
- Gulf Power S.Ct. Decision, Findlaw 1/17/02
- Gulf Power Co. v. FCC, 208 F.3d 1263 (11th Cir. 2000), Motion to Stay Granted (Oct 12, 2000), reh'g and suggestion for reh'g en banc denied, 226 F.3d 1220 (11th Cir. 2000), cert. granted sub nom., National Cable Television Ass'n v. Gulf Power Co., 121 S.Ct. 879 (2001) (vacating FCC's Pole Attachment Rules)
- Oct 2, 2001 Oral Argument S.Ct.
- Petition for Cert has been granted by the Supreme Court. See Court Order List Page 4
- Other Pole Attachment Case Law
- Southern Co. v. FCC, 293 F.3d 1338 (11th Cir. 2002)
- Alabama Power Co. v. FCC, 311 F.3d 1357 (11th Cir. 2002)
- Southern Co. Services, Inc. v. FCC, 313 F.3d 574 (D.C. Cir. 2002)
- Supreme Court Rules FCC Can Set Pole Rates, Newsbytes 1/17/02
- High court settles Internet dispute, MSNBC 1/17/02
- Supreme Court Ruling May Speed Broadband Rollout, Newsfactor 1/17/02
- Supreme Court Ruling a Boon for Cable Firms, Wash Tech 1/17/02
- Cable industry wins Supreme Court victory over price of high-speed Internet lines, Nando 1/17/02
- Supreme Court Slams Door on Excessive Utility Fees, Internet News 1/17/02
- Court rules in favor of Web providers, CNET 1/17/02
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: The Fate of the Commons in a Connected World - Larry Lessig 