Cybertelecom
Cybertelecom
Federal Internet Law & Policy
An Educational Project

Internet over DSL

Dont be a FOOL; The Law is Not DIY

Computer Inquiries
- Computer I
- Computer II
- - Computer II Ref
- Computer III
- - Computer III Ref
- Information Service / ESP
- Timeline
- Net over Cable
- Net over DSL
- Net over Wireless
- Net Over Powerline - Layered Model Regulation
- Access Charges
- Accounting
- Bundling
- - CPE
- - Info Services
- CPNI
- Network Info Disclosure
- Enforcement
- Notes
- Network Neutrality
- Common Carriage
- Broadband


Internet over DSL is an Information Service. It is not over a Telecommunications Service and therefore Title II and the Computer Inquiries do not apply.
This proceeding incorporates the Computer III proceeding.
Affirmed on Appeal

In re Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities, 20 F.C.C.R. 14853 (2005)

Press Release August 5, 2005 FCC Eliminates Mandated Sharing Requirement on Incumbents’ Wireline Broadband Internet Access Services

Decision Places Telephone and Cable Companies on Equal Footing CC Docket 02-33

Washington, D.C. – The Federal Communications Commission today adopted policies that will bring more and better broadband services to consumers by eliminating facilities sharing requirements on facilities-based wireline broadband Internet access service providers.

The changes will enable wireline broadband Internet access providers to respond quickly to consumer demand with efficient, innovative services and spur more vigorous head-to-head competition with broadband services provided over other platforms. The Commission’s action responds to market and technological changes marked by growth in the use of the Internet for communications and the availability of Internet service from multiple broadband pipelines, including cable, wireless, satellite, and power line networks.

The Report and Order adopted by the Commission puts wireline broadband Internet access service, commonly delivered by digital subscriber line (DSL) technology, on an equal regulatory footing with cable modem service, currently the market leader. This approach is consistent with a recent U.S. Supreme Court decision upholding the Commission’s light regulatory treatment of cable modem service. Consistent regulatory treatment of competing broadband platforms will enable potential investors in broadband network platforms to make market-based, rather than regulation-driven, investment and deployment decisions.

Specifically, the Commission determined that wireline broadband Internet access services are defined as information services functionally integrated with a telecommunications component. In the past, the Commission required facilities-based providers to offer that wireline broadband transmission component separately from their Internet service as a stand-alone service on a common-carrier basis, and thus classified that component as a telecommunications service. Today, the Commission eliminated this transmission component sharing requirement, created over the past three decades under very different technological and market conditions, finding it caused vendors to delay development and deployment of innovations to consumers.

To ensure a smooth transition, the Order requires that facilities-based wireline broadband Internet access service providers continue to provide existing wireline broadband Internet access transmission offerings, on a grandfathered basis, to unaffiliated ISPs for one year. 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.

The Order also allows wireline providers the flexibility to offer the transmission component of the wireline broadband Internet access service to affiliated or unaffiliated ISPs on a common-carrier basis, a non-common carrier basis, or some combination of both. Some rural incumbent local exchange carriers, or LECs, have indicated their members may choose to offer broadband Internet access transmission on a common carrier basis.

In a Notice of Proposed Rulemaking, the Commission seeks comment on whether it should develop a framework for consumer protection in the broadband age – a framework that ensures that consumer protection needs are met by all providers of broadband Internet access service, regardless of the underlying technology.

The NPRM on Comsumer Protection in a Broadband Era is being tracked on a separate page
  • Earthlink v. FCC, case no. 05-5153 (3rd Cir) filed 11/23/05
  • Earthlink, Inc. v. FCC & USA, No. 05-1087 (DC Cir.)
  • US court upholds FCC order easing broadband rules (Net over DSL), Reuters 10/18/2007
  • Regulatory Proceeding
  • 12/1/05 Petition for Recon filed by Verizon
  • Press Release Aug 5 2005 Notice of Proposed Rulemaking :: APPROPRIATE FRAMEWORK FOR BROADBAND ACCESS TO THE INTERNET OVER WIRELINE FACILITIES., FCC 9/20/2005
  • 9/23/2005 FCC Eliminates Mandated Sharing Requirement on Incumbents' Wireline Broadband Internet Access Services.  WC Docket Nos. 05-271 and 04-242. CC Docket Nos. 98-10, 95-20, 02-33, and 01-337. R&O/NPRM: Word | Acrobat
    Chairman Martin Press Statement: Word | Acrobat
    Abernathy Statement: Word | Acrobat
    Copps Statement: Word | Acrobat
    Adelstein Statement: Word | Acrobat
  • Fed Reg Notice
  • Public Notice extending deadline. Released May 29, 2002
  • Press release Statements: Powell | Abernathy | CoppsMartin
  • APPROPRIATE FRAMEWORK FOR BROADCAST ACCESS TO THE INTERNET OVER WIRELINE FACILITIES UNIVERSAL SERVICE OBLIGATIONS OF BROADBAND PROVIDERS COMPUTER III FURTHER REMAND PROCEEDINGS: BELL OPERATING COMPANY PROVISION OF ENHANCED SERVICES;. 1998 Biennial Regulatory Review -- Review Of Computer III and ONA Safeguards and Requirements.. (Dkt No. 95-20, 98-10, 02- 33). Action by: The Commission. Adopted: 02/14/2002 by NPRM. (FCC No. 02-42). 
  • APPROPRIATE FRAMEWORK FOR BROADBAND ACCESS TO THE INTERNET OVER WIRELINE FACILITIES. Found ComTel has shown good cause for an extension of the deadline for filing comments and reply comments in this proceeding. (Dkt No. 95-20, 98-10, 02-33). Action by: Deputy Chief, Common Carrier Bureau. Comments Due: 05/03/2002. Reply Comments Due: 06/03/2002. Adopted: 03/22/2002 by ORDER. (DA No. 02-704). CCB , FCC 3/25/02
  • Statement by Assistant Secretary Nancy J. Victory commending the Federal Communications Commission for initiation of broadband proceeding., NTIA 2/15/02
  • Hearings

  • Jan. 14 9:30 a.m. Senate Commerce, Science, and Transportation To hold hearings to examine the state of competition in the telecommunications industry. SR-253
  • Summary: Internet over DSL is an Information Service over a Telecommunications Service (Title II and Computer Inquiries apply)
    In this order, the FCC concluded that Sec. 706 gave it no independant regulatory authority to act. The FCC would change this conclusion in the Open Internet Order.

    In re Deployment of Wireline Services Offering Advanced Telecommunications Capability, 13 F.C.C.R. 24012, 24014, 24029–30 (1998) (aka "Advanced Services Order")

    "The Commission then classified Digital Subscriber Line (DSL) services—broadband Internet service furnished over telephone lines—as “telecommunications services.” DSL services, the Commission concluded, involved pure transmission technologies, and so were subject to Title II regulation. Id. at 24030–31 ¶ 35. A DSL provider could exempt its Internet access services, but not its transmission facilities themselves, from Title II common carrier restrictions only by operating them through a separate affiliate (i.e., a quasi-independent ISP). Id. at 24018 ¶ 13." - Verizon v. FCC, No. 11-1355, Slip at  9 (D.C. Cir. Jan. 14, 2014)

    The FCC rejected arguments that Sec. 706 granted it independant authority to take regulatory action in this space.

    Papers

    dsldsl

    News & Blogs