Federal Internet Law & Policy
An Educational Project

Broadband: Fiber

Dont be a FOOL; The Law is Not DIY

" Another broadband technology is optical fiber to the home (FTTH). Optical fiber cable, already used by businesses as high speed links for long distance voice and data traffic, has tremendous data capacity, with transmission speeds dramatically higher than what is offered by cable modem or DSL broadband technology. While the high cost of installing optical fiber in or near users’ homes has been a major barrier to the deployment of FTTH, both Verizon and AT&T (formerly SBC) are rolling out fiber-based architectures that will offer consumers voice, video, and high-speed data (sometimes referred to as a “triple play”). Some public utilities are also exploring or beginning to offer broadband access via fiber inside their existing conduits. Additionally, some companies are investigating the feasibility of transmitting data over power lines, which are already ubiquitous in people’s homes." - Broadband Internet Regulation and Access: Background and Issues, CRS p. 5 Jan. 26, 2006 OpenCRS; Broadband Internet Regulation and Access: Background Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)

Exhibit 3-E: Announced Upgrades to the US Fixed Broadband Network (Millions of Households Covered) Natl BB Plan p 20

  Companies 2009 2010 2011
  • Verizon
  • Cincinnati Bell
  • Tier 3 ILECs
  • All providers
    (17.2 million–Sept)
  • Verizon FiOS
    (14.5 million–June)
  • Verizon FiOS
    (17 million)
  • AT&T
  • Qwest
  • Qwest (3 million)
  • Qwest (5 million)
  • AT&T U Verse (30 million)
  • Govt Activity


    FCC UNE Proceeding

    ""In October 2004, the Commission released an Order on Reconsideration subjecting fiber-to-the-curb (FTTC) loops to the same regulatory framework as FTTH loops, drawing on the same rationale it applied in the August MDU Reconsideration Order. In an effort to promote the growth of fiber-based broadband networks to residential customers, these new regulations alleviate the duty of incumbent LECs to provide unbundled access to newly deployed mass market FTTC loops. However, the Commission continues to recognize the persistence of entry barriers in overbuild situations and requires continued access to a copper loop or 64 kbps transition path in those circumstances." "The FCC's unbundling analysis for broadband loops was influenced by Section 706 mandate and evidence that unbundling requirements might undermine investment in new facilities."


    Verizon Broadband Fiber Forbearance Petition

    Proceeding Number 04-242 Comments Due July 22, 2004 - Replies Due Aug 2, 2004 Ex Parte

    "On June 28,2004, Verizon Telephone Companies (“Verizon”) filed two petitions with the Commission regarding its deployment of fiber-to-the-premises (FIITP) infrastructure. In its first petition, Verizon requests that that the Commission either issue a declaratory ruling regarding broadband service provided via FTTP or, alternatively, waive its common carrier and Title II rules for an interim period in the same manner as currently applied to cable modem service providers.’ In its second petition, Verizon requests that, in absence of a declaratory ruling, the Commission should exercise its forbearance authority pursuant to section 10 of the Communications Act of 1934, as amended: to provide interim regulatory relief for such services until an appropriate regulatory framework for broadband services has been established? In support of its petitions, Verizon asserts that it plans to offer FTTP broadband services under circumstances that parallel those at issue in the Commission’s Cable Modem Declaratory Ruling.‘ Like those companies, Verizon states that it intends to provide video, high-speed Internet access, and voice services over its FTTP network, and to obtain cable franchises for its video offerings. Accordingly, Verizon argues that the Commission should afford FTTP broadband services the same regulatory treatment as cable modem services.' In the alternative, Verizon requests waivers and/or interim forbearance to create a level regulatory playing field for FTTP broadband services and cable modem services until the Commission has completed its consideration of appropriate rules for broadband services. Verizon argues that the need for its relief is time sensitive as Verizon is nearing deployment of its multi-faceted broadband offering in less than two months. "