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Proposed Broadband Legislation Gets Positive Response

Last week (Sept. 15), the U.S. House Energy and Commerce Committee released a bipartisan "staff discussion draft" of legislation that proposes to rework laws governing U.S. telecommunications to accelerate the deployment of broadband Internet services.


Last week (Sept. 15), the U.S. House Energy and Commerce Committee released a bipartisan "staff discussion draft" of legislation that proposes to rework laws governing U.S. telecommunications to accelerate the deployment of broadband Internet services. The tremendous growth of broadband services was unanticipated when the Telecommunications Act originally passed in 1996. Through this proposed legislation Congress would move to ensure a level playing field for all broadband, something the committee argues will help grow the economy.

The proposal is meeting widespread approval. "This is discussion legislation, also referred to as the staff draft, meaning it is intended to provoke dialogue and discussion on the issue," said Kevin Schweers, the Energy and Commerce Committee's spokesman. "A number of people have already commented on it in just the few days that it has been in public and the response has been overwhelmingly positive."

One of the key provisions of the proposed legislation is that it would allow municipalities to develop and deploy BITS (broadband Internet transmission services) such as Wi-Fi, VoIP and broadband video services. The legislation would override any state laws barring towns and cities from operating broadband networks, although municipalities would be subject to the same laws and regulations governing private sector providers of BITS, VoIP and broadband video services.

Other key provisions in the draft legislation included:

* Creating a common regulatory definition for broadband Internet transmission services (BITS) which includes Digital Subscriber Line (DSL), cable modems, and other broadband services.

* Ensuring network neutrality to prevent broadband providers from blocking subscriber access to lawful content. So, for instance, if a cable ISP offers VoIP telephony, but a customer chose to go with a competitor, the ISP would be barred from blocking or otherwise hindering calls.

* Providing a uniform, federal regulatory framework for broadband providers, Voice-over-Internet Protocol (VoIP), and broadband video providers, putting them all on an equal footing.

* Developing a streamlined franchising process for broadband video providers.

* Ensuring that VoIP subscribers have access to 911, something VoIP providers would have to arrange via telcos.

A Look to the Future
Generally speaking, the legislation is regarded as far-reaching and forward-looking. Leveling the playing field between all providers of these new services, according to blogs and other Internet discussion, would help to promote even faster broadband growth. So overall, the committee seems to have gotten it right.

"The Telecommunications Act of 1996 spurred the development of telephone competition, but no one could have foreseen the magnitude of the challenges and opportunities that the Internet age has presented. New services shouldn't be hamstrung by old thinking and outdated regulations," said Chairman Joe Barton (R-Texas). "We need a fresh new approach that will encourage Internet providers to expand and improve broadband networks, spur growth in the technology sector and develop cutting-edge services for consumers."

Congressman Fred Upton (R-Michigan), chairman of the House Subcommittee on Telecommunications and the Internet, added his endorsement for the proposed legislation. "The release of the bipartisan staff draft of legislation to update the country's telecom laws represents a big step forward as we seek to ensure that our laws will allow for the growth of new Internet services," he said in a prepared statement. "As I've said all along -- as goes the tech sector, so goes the economy -- and I am confident that, before year's end, the House will pass comprehensive legislation that keeps pace with evolving technologies, spurs the economy and facilitates growth in this critical infrastructure."

Public Knowledge, a Washington, D.C. based group of lawyers, technologists, lobbyists, academics, and activists dedicated to stopping bad legislation that would, in their view, slow technology innovation or shrink the public domain, has also put its stamp of approval on the legislation.

"Chairman Barton has circulated a very thoughtful draft that is correctly focused on the future of our telecommunications network," said Gigi Sohn, president of Public Knowledge. "While we are still studying the 77-page document, we are pleased to see many the pro-competitive features of the draft. We were very pleased to see that Chairman Barton recognized the need for preserving the model of an open broadband network by codifying the duty of broadband providers to allow subscribers to have access to the services, equipment and applications they need without interference from network providers and by requiring the interconnection of traffic."

Sohn added that they were pleased by the loosening of franchise requirements on new broadband video providers and by the recognition of the role of municipalities in providing broadband service.

The push from the committee is for a revised draft, based on the feedback and further discussion, to come before Congress this fall. However, given the challenges of rebuilding the Gulf Coast region after Hurricane Katrina's devastation, U.S. lawmakers may have their hands too full for the time being to move any telcom legislation forward in the coming session.