[10337] in Commercialization & Privatization of the Internet
Help Needed on Common Carrier Provisions of Markey Bill
daemon@ATHENA.MIT.EDU (James Love)
Sat Feb 19 01:08:09 1994
Date: Fri, 18 Feb 1994 12:33:37 -0500 (EST)
From: James Love <love@essential.org>
To: roundtable@cni.org
Cc: Telecomreg <telecomreg@relay.adp.wisc.edu>, com-priv@psi.com
To: Supporters of common carriage (non-discriminatory
access) to cable and video dialtone services
>From: Jamie Love, TAP
Re: Action needed to support common carriage provisions of
HR 3636
The attached letter asks the members of the Telecommunications
and Finance subcommittee to improve the common carrier sections
of HR 3636, relating to video services.
The Taxpayer Assets Project (TAP), Consumer Federation of
America, Media Access Project, Computer Professionals for Social
Responsibility, People for the American Way and OMB Watch are
among the groups signing the letter.
If your organization is willing to sign the letter, please
provide us with the following information:
Name:_______________________
Title:__________________________
Affiliation:_______________________
Telephone Number:__________________
Fax number:_________________________
Internet address:______________________
Postal Address:_____________________________
______________________________
Send this information to Ned Daly from TAP, at:
v: 202/387-8030, f: 202/234-5176; internet: ndaly@essential.org
BACKGROUND ON THE LETTER
TELEPHONE VIDEO DIALTONE PLATFORM
In its present draft, telephone companies entering video markets
in their own service area are required to make 75 percent of
video platform capacity available to non-affiliated entities,
with safeguards against discrimination. This provision is
dropped after 5 years, however, allowing telephone companies to
control the entire video platform. Moreover, Representative
Fields is reportedly prepared to eliminate the 75 percent
requirement, in favor of a provision which would give the F.C.C.
the authority to set the non-affiliated share of the network even
lower.
COMMON CARRIAGE FOR CABLE
HR 3636 also asks the FCC to study the issue of common carrier
requirements on cable television. Attacks on this study are
expected during mark-up on the bill next week.
This letter asks Congress to keep a MINIMUM of 75 percent of the
video platform available to non-affiliated entities, and to
eliminate the 5 year sunset provision, which is very important.
The letter also supports the opening up of cable networks by
imposing common carrier obligations. It is important that we
support these provisions. The EFF letter on its Open Platform
does not apply to cable television or the telephone company video
platform. Thus, these issues are not redundant with the EFF
letter.
The language to eliminate the sunset language is as follows:
Strike, "Subsection (d) of SEC. 654. PROVISION OF AFFILIATED
VIDEO PROGRAMMING".
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The LETTER
Dear (members of the subcommittee on telecommunications and
finance)
We are writing regarding HR 3636, introduced by Rep. Ed Markey to
express our strong support for provisions that will protect
competition in content markets, by providing common carrier
status to telephone company video platform services and cable
television services. We would like to make the following points.
1. VIDEO PLATFORM CAPACITY AVAILABLE FOR NON-AFFILIATED
COMPANIES.
In its present draft, HR 3636 provides that telephone company
video dialtone services must offer up to 75 percent of the
system's capacity to non-affiliated entities, on terms and
conditions that do not discriminate in favor of the affiliated
companies. While some of us believe that the 75 percent figure
is too low, all of us agree that it should represent a minimum
amount of access for non-affiliated companies.
In its current draft, HR 3636 would sunset this provision in 5
years. We strongly oppose the sunset of this provision after 5
years.
2. COMMON CARRIER OBLIGATIONS FOR CABLE TELEVISION.
HR 3636 now requires the F.C.C. to conduct a study to determine
if it is in the public interest to extend common carrier
obligations to cable operators. We believe that our national
information infrastructure should be based upon open access to
networks on non- discriminatory terms. We strongly support the
study, as a step in broadening access to the nation's cable
systems. However, an even better provision would require the
F.C.C. to extend common carrier obligations to cable within a
fixed time frame.
We urge Congress to take measures to open access to cable and
video platform services, and to insure that carriers are required
to provide open access by anyone who seeks the opportunity to
offer information services.
Thank you for consideration of these suggestions.
Sincerely,
James Love, Taxpayer Assets Project
Brad Stillman, Consumer Federation of America
Andy Schwartzman, Media Access Project
Marc Rotenberg, Computer Professionals for Social Responsibility
Jim Halpert, People for the American Way
Patrice McDermott, OMB Watch
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James Love, Taxpayer Assets Project; internet: love@essential.org
P.O. Box 19367, Washington, DC 20036; v. 202/387-8030; f. 202/234-5176
12 Church Road, Ardmore, PA 19003; v. 215/658-0880; f. 215/649-4066
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