Cybertelecom Federal Internet Law & Policy An Educational Project

Pennsylvania

Cybercrime

Pennsylvania Statute Title 18 § 3933 . Unlawful use of computer.

(a) Offense defined.-- A person commits the offense of unlawful use of a computer if he, whether in person, electronically or through the intentional distribution of a computer virus:

1. accesses , exceeds authorization to access, alters, damages or destroys any computer, computer system, computer network , computer software, computer program or data base or any part thereof, with the intent : to interrupt the normal functioning of an organization or to devise or execute any scheme or artifice to defraud or deceive or control property or services by means of false or fraudulent pretenses, representations or promises;
2. intentionally and without authorization accesses , alters, interferes with the operation of, damages or destroys any computer, computer system, computer network , computer software, computer program or computer data base or any part thereof;
3. intentionally or knowingly and without authorization gives or publishes a password, identifying code, personal identification number or other confidential information about a computer, computer system, computer network or data base.

intentionally or knowingly engages in a scheme or artifice, including, but not limited to, a denial of service attack, upon any computer, computer system, computer network, computer software, computer program, computer server or data base or any part thereof that is designed to block, impede or deny the access of information or initiation or completion of any sale or transaction by users of that computer, computer system, computer network, computer software, computer program, computer server or data base or any part thereof.

Municipal Broadband

• Kutztown | Utilicom | Kutztown Municipal Authority | Pop: 5k | Voice & 10-100 mbs Internet* | Jazzd VoIP Service | Fiber | 1 mbs down and 64 kbps up - $15 ; 128 kbps up - $20 ; 256 kbps up - $25 ; 768 kbps up - $30 ; 1 mbs up - $40. | Service Brochure |
  • Corning Case Study 2002
  • Voice, video and data services. Established August 2002. Cap Investment $5.8 million - $2,600, w/o factoring Kutztown U invesment per household. Cable competitor, Service Electric Cablevision, dropped prices by 31% in response to Kutztown's initiative; end of 2004, service to 766 customers. - Municipal Broadband: Digging Beneath the Surface, Balhoff & Rowe, LCC, p. 34 (Sept. 2005)

• Philadelphia
  • Wireless Philadelphia
    • Business Plan PDF
    • Agreement between Wireless Philadelphia and Earthlink
      • Network Agreement Exhibits
        • Exhibit N: Open Access Provisions - Earthlink shall wholesale capacity to qualified and certified 3rd party ISPs. Earthlink shall also have a resale program.
    • Network Design
      • Network Agreement Exhibit G
      • Earthlink Municipal Broadband :: Technical Overview
    • Press Release EARTHLINK SELECTED TO LEAD BUILD OUT OF WIRELESS PHILADELPHIA Oct 2005
      • "EarthLink will implement a 135-square-mile, city-wide Wi-Fi mesh network, which is expected to be fully operational by the fourth quarter of 2006. The network is intended to provide:
        • Inexpensive, high-speed Internet access;
        • Open access for multiple, competing service providers;
        • Roaming capabilities for providers of hot spot access;
        • Free Internet access in some parks and public spaces;
        • Daily and weekly access for occasional users and visitors;
        • Small business connectivity and serve as a wireless T-1 alternative.

        Under the terms of the proposal, no City or taxpayer dollars will be used to fund the project. EarthLink will finance, build and manage the wireless network, and provide Wireless Philadelphia with revenue sharing fees to help support the Wireless Philadelphia Non-Profit Corporation."

    • Wireless Philadelphia Update Dec. 15, 2005 - Talking Points
    • Timeline
      • March 2006 15 sq Mile Proof of Concept to be initiated
  • State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006
    • Mr. Donald Berryman Earthlink: EarthLink will deploy and manage a 135 sq. mile wireless network providing broadband Internet to the entire City and County of Philadelphia.... EarthLink will build, own and manage the wireless network, at no cost to the City, while providing Wireless Philadelphia a revenue share to fund its operation. And, EarthLink has guaranteed network upgrades on an ongoing basis. This is not a case of “taxpayer funded” competition, and will not lead to taxpayer funded bailouts. Nor is it funded by tax-free bonds. EarthLink is bearing the risk of constructing this network.... The initial service offering will be a symmetric One Megabit per second (1 Mbps) service, which is about fifty times as fast as a dial-up connection. It’s nearly as fast as a typical DSL line for downloads, and is actually faster than most of today’s broadband services when uploading data. Once we have the initial service deployed, we expect to offer higher tiered services up to several times that fast, and we will upgrade the network over time so that ever higher speeds are enabled as new technology becomes available. EarthLink supports Open Access to third-party Internet service retailers and “Net Neutrality.” So, the project will provide opportunities for many local companies to resell broadband access service that they purchase at competitive wholesale rates.
    • EarthLink supports Open Access to third-party Internet service retailers and “Net Neutrality.” So, the project will provide opportunities for many local companies to resell broadband access service that they purchase at competitive wholesale rates. As the third broadband entrant in this market, we embrace competition as a way to make use of our network more attractive. And the same is true for “Net Neutrality.” We view this as the best way to ensure that our platform is viewed as the most consumer and innovation friendly platform.
    • Earthklink Municipal Broadband
    • Ms. Dianah Neff City of Philadelphia
  • Notes
    • City Philadelphia sat on an RCN application to offer competitive Internet over Cable broadband services.
  • Philadelphia revives Wi-Fi project, Globe and Mail 6/18/2008
  • We're not dead yet: local investors save Philadelphia Wi-Fi network?, muni 6/18/2008
  • Philadelphia Wireless Internet Project Advances, eweek 5/25/2007
  • EarthLink gets green light to build Philadelphia Wi-Fi network, CW 5/25/2007
  • PA To Overturn Muni-Thwarting Law? - Lancaster wants citywide Wi-Fi, moves to eliminate Verizon bill, Broadband Reports 3/1/2007
  • Philadelphia city council OKs Wi-Fi plan, Network World 5/12/2006
  • Philadelphia Counts Down To Citywide Wireless, Networking Pipeline 5/5/2006
  • Wireless Philadelphia-EarthLink contract: an analysis, Muniwireless 4/18/2006
  • Philly moves forward with Wi-Fi plan, CNET 3/2/2006
  • Philadelphia To Offer Wi-Fi For Under $20 Per Month, Networking Pipeline 3/2/2006
  • Publicly-owned Broadband Much Better for Minneapolis, Free Press 1/13/2006
  • Earthlink to build Philadelphia wireless network, Reuters 10/5/2005
  • Philadelphia chooses three finalists for city network, Muni 7/22/2005
  • Commonwealth of Pennsylvania 's Keystone Communications Project
  • New life for Philly WiFi, CNET 12/3/2004
  • 'Wireless Philadelphia' Sparks Concern, InternetNews 12/3/2004
  • Philly sells Pennsylvania to Verizon, Register 12/3/2004
• Pittsburgh
  • Pittsburgh City Council Considers Citywide Wi-Fi, WPXI 4/12/2006
• Opponents
  • Verizon*
• Law (Note: PA is one of the few states that does not maintain a copy of its laws online)
  • House Bill 30
  • Free Press (read this summary - trying to read HB 30 will give you a need for asprin)
  • political subdivisions prohibited from providing advanced telecom or broadband for a fee to the public unless the local telco does not provide such service and has refused to provide such service as requested. APPA Sept 2005
  • Opposition to law
    • APPA Letter to Governor
  • News
    • Fallout from Pennsylvania House Bill 30, Muni 12/7/2004
    • Verizon wins, Pennsylvania loses, Muni 12/3/2004
    • Verizon deal lets Philadelphia move with wireless plan, NWFusion 12/3/2004
    • Pennsylvania Limits Cities in Offering Net Access, NYT 12/3/2004

VoIP

• PA PUC: Investigation into Voice over Internet Protocol as a Jurisdictional Service, Docket M-00031707, PA PUC, 5/30/2003 | Order May 1, 2003 | Motion of C Glen Thomas Closing Investigation April 15, 2004 |

  The federal jurisdictional and regulatory framework remains uncertain as the FCC has just issued a notice of proposed rulemaking for IP-enabled services, including VoIP. On March 11, 2004, the FCC adopted a Notice of Proposed Rulemaking (NPRM) to determine the appropriate regulatory treatment of IP-enabled services. Specifically, the NPRM asks which regulatory requirements - such as those relating to E911, disability accessiblity, access charges, and universal service- should be extended to different types of IP-enabled services. In addition, the FCC's NPRM asks broad questions covering a wide range of services and applications to differentiate between IP-enabled services and traditional telephony services and to distinguish among different classes of IP-enabled services. In doing so, the FCC asks further questions on the legal and regulatory framework for each type of IP-enabled service and relevant jurisdictional considerations for each category. Moreover, there are several pending cases before the FCC related to VoIP. Thus, it would be premature for this Commission to take action until such time as the FCC has provided guidance on this issue.

  Furthermore, in order to render an informed decision about how to proceed with the various issues surrounding VoIP technology, we need to better understand the technology and its various applications. In addition, under the “Nascent Service Doctrine,” regulators should exercise restraint when faced with new technologies and services. If regulation is too oppressive while a technology is still developing, it could result in a dampening of the introduction or growth of that technology. Although there are instances where regulatory intervention is proper (such as market failure or consumer abuse), regulatory restraint is more prudent until such time as the technology is understood and viable. This Commission should not leap into a regulatory scheme until the full impact on this technology is understood.

  Having reviewed the Comments and Reply Comments it appears as if the Commission might have grounds under which it could assert jurisdiction and regulation. Indeed, as this technology is better understood and as the FCC clarifies its jurisdictional and regulatory approach, it might be appropriate for this Commission to define a regulatory role. However, at this time, such determinations are premature.

  Because the dialogue on VoIP is just beginning, the most prudent course of action for this Commission is to refrain from reaching any conclusion regarding jurisdictional and policy issues at this time. The Commission directs Staff to continue to monitor this issue at the state and federal levels and to make ongoing recommendations to the Commission.

  Motion of C Glen Thomas Closing Investigation April 15, 2004

  • "Go to the Search page on our website. Under Search for Public Documents, enter M-00031707 under Docket Number and 5/1/03 under Public Meeting Date and then select search. The document should appear."
  • Pennsylvania holds off on Net phone rules ZDNet April 16, 2004
  • Joint Petition of Verizon Pennsylvania Inc. and MCI WorldCom Communications, Inc. f/k/a MFS Intelenet of Pennsylvania, Inc., for Approval of Amendment No. 1 to an Interconnection Agreement Under Section 252(e) of the Telecommunications Act of 1996, A-310580F7000

   

• Opinion and Order April 15, 2004

We note that in approving these privately negotiated agreements, including any provisions limiting unbundled access to Verizon PA's network, we express no opinion regarding the enforceability of our independent state authority preserved by 47 USC. § 251(d) (3) and any other applicable law.  Furthermore, we note that our approval of these private agreements should not be construed to be the Commission's opinion regarding the appropriateness of the agreement's classification of VoIP or other matters concerning VoIP, including but not limited to, intercarrier compensation.


      We shall minimize the potential for discrimination against other carriers not a party to Amendment No. 1 by providing here that our conditional approval of Amendment No. 1 shall not serve as precedent for agreements to be negotiated or arbitrated by other parties.  This is consistent with our policy of encouraging settlements.  (52 Pa. Code § 5.231; see also, 52 Pa. Code § 69.401, et seq., relating to settlement guidelines, and our Statement of Policy relating to the Alternative Dispute Resolution Process, 52 Pa. Code § 69.391, et seq.).  On the basis of the foregoing, we find that Amendment No. 1 does not discriminate against any telecommunications carrier not a party to the negotiations.
       TA 96 requires that the terms of Amendment No. 1 be made available for other parties to review (§252(h)).  However, this availability is only for purposes of full disclosure of the terms and arrangements contained therein.  The accessibility of Amendment No. 1 to the prior Agreement and the terms to other parties connotes no intent that our approval will affect the status of negotiations between other parties.  In this context, we will not require the Parties to embody the terms of Amendment No. 1 to the Agreement in a filed tariff, but we will require that the Parties file Amendment No. 1 to the Agreement with this Commission.  Amendment No. 1 shall be retained in the public file for inspection and copying consistent with the procedures relating to public access to documents.

• Statement of Commissioner Wendell F Holland

Trials and Market Deployments

• Armstrong Cable Services field trial
• Putting VoIP to the Crash Test, CED May 2002; Armstrong Cable in partnership with Vonage offering Zoom Phone Service. Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004; Vonage Cables in Armstrong VoIP Deal,  Internet News (June 10, 2003)
• Comcast trial western Philly Launched 1Q 2003.  Also reportedly in Coatesville.
• Cablecos Set Sights on VoIP, Xchange February 1, 2004; Cable Players Tap Vendors for VoIP Service Rollouts, Telephony Online Jun 2, 2003; 'Friendlies' Turned On In Comcast VoIP Trial, Multichannel news March 17, 2003; Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004 Merrill Lynch, Everything Over IP (March 12, 2004)
• AT&T AT&T stops signing trial customers for local service, Pittsburg Business Times Nov 21, 2000
• Announced Lauching 50% of market in 2005 as primary line service.
• Philadelphia RCN Launched 2002 Merrill Lynch, Everything Over IP (March 12, 2004)

Cable Open Access

• Pittsburgh Approves Open Access Provision Internet News 01/04/00