[9544] in Commercialization & Privatization of the Internet

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Competitiveness Council Press Release - FYI

daemon@ATHENA.MIT.EDU (Vinton G. Cerf)
Sun Jan 9 20:21:21 1994

To: com-priv@psi.com
Date: Sun, 09 Jan 94 20:16:41 -0500
From: "Vinton G. Cerf" <vcerf@cnri.reston.va.us>




COUNCIL ON COMPETITIVENESS
PRESS RELEASE


CONTACT: STEPHANIE SCHOUMACHER
(202) 785-3990



COMPETITION POLICY CONSENSUS FORGED BY COMPETITORS 

The Council on Competitiveness has released a report on 
competition policy that includes an unprecedented 
consensus among AT&T, regional bell companies, and the 
full range of information infrastructure providers. The 
report, Competition Policy: Unlocking the National 
Information Infrastructure, is the second in a series of 
policy reports of the Council's 21st century information 
infrastructure project chaired by John Young, former CEO 
of Hewlett- Packard and Charles Vest, president of the 
Massachusetts Institute of Technology. "This report marks 
the first time that representatives from long distance and 
local telephone companies, alternative access providers, 
cable companies, utilities, information companies, users, 
academic institutions, labor unions and public interest 
groups have agreed on the need for full competition in the 
communications market and hammered out a transition 
framework to get us there," said Paul Allaire the new 
chairman of the Council on Competitiveness and CEO of 
Xerox Corporation. "By stimulating competition at home, 
consumers will benefit from greater choice, lower prices, 
and enhanced services. Moreover, U.S.-based firms will 
gain a competitive edge in world markets." The essential 
framework contained in this report applies to all 
providers and addresses four interlocking issues. 
Recommendations reflect consensus on the following: 1. 
Agreement by all providers, including the local telephone 
companies, to provide access to their essential services. 
This "unbundling" of services will speed the competitive 
interconnection and interoperability that are essential to 
developing a national information infrastructure.

2. Agreement to reduce the debate about entry into 
restricted lines of business to two options. Everyone 
agrees that essential facilities must first be opened to 
competitors and regulatory safeguards must be in place to 
prevent predatory pricing and cross-subsidies. They differ 
only on whether competitors must also gain a predetermined 
share of the incumbent provider's market before 
restrictions to enter new lines of business are lifted. 

3. Agreement to provide dominant providers more pricing 
freedom (with certain cap and floor limits during the 
transition). This agreement will provide incentives for 
dominant providers to lower costs, a key to ensuring 
universal service. 

4. Agreement that support for universal service should be 
shared by providers of essential services, and directed to 
users. Also, that any universal service program should 
include those services that are necessary to maintaining 
U.S. competitiveness. 

"It is remarkable that we could agree that in the end, 
everyone should be able to enter all lines of business," 
said John Young. "In doing so, the private sector has 
provided some fundamental guidelines for the 
Administration and Congress as they develop national 
policy in this critical area."

The Council on Competitiveness is a coalition of chief 
executives from leading businesses, presidents of 
universities and presidents of labor unions whose mission 
is to improve the competitiveness of U.S. industry and its 
workers in a global marketplace. 

                                              ####

The following statement by the Vice President was released 
by the White House on December 16, 1993:

"If America is to develop a world class information 
superhighway, we must promote healthy competition at home 
-- competition that enhances consumer benefits, stimulates 
the development of new products and services, unleashes 
new technologies, and gives U.S. based firms an edge in 
world markets. The Council's report, Competition Policy: 
Unlocking the National Information Infrastructure, 
outlines a policy framework designed to do just that. We 
will consider it carefully as we develop our legislative 
package in this area." 

                                            ####

The report can be ordered from the Council on 
Competitiveness at a cost of US $25.00 plus shipping and 
handling (domestic) and $3.50 (overseas). 

To order (please send order and check or money order) or 
for more information please write: 

Publications Office
Council on Competitiveness
900 17th Street, NW -- Suite 1050
Washington, DC 20006
(202)785-3990
(202)785-3998



COMPETITION POLICY: UNLOCKING THE NATIONAL 
INFORMATION 
INFRASTRUCTURE

FOREWORD

America's information infrastructure is evolving faster 
than anyone thought possible. Although the Clinton 
Administration came to office promising to accelerate 
deployment of the information superhighway, the private 
sector has been the real driving force behind progress. 

The past few months have witnessed a string of proposed 
mergers and acquisitions. U.S. West announced that it 
would acquire 25 percent of Time Warner, the nation's 
second largest cable network. AT&T announced plans to 
acquire McCaw Cellular Communications, America's largest 
cellular telephone company. Bell Atlantic announced its 
decision to merge with Tele-Communications, Inc. (TCI), 
America s largest cable corporation. Bell South decided to 
link with Prime Management's cable systems. Southwestern 
Bell decided to purchase cable systems from Hauser 
Communications. NYNEX announced its intention to invest in 
Viacom.

These new alliances and others are fundamentally reshaping 
the information and communications industry. Until 
recently, cable, telephone, broadcasting, computing, 
publishing, wireless communications and utilities were 
viewed as separate businesses. The steady push of market 
forces and the rush of technology are rapidly breaking 
down the walls separating these markets.

Despite this market convergence, much of America's 
regulatory framework remains rooted in yesterday's notion 
of distinct and separate businesses. Many government 
officials have greeted with skepticism the announcements 
about major mergers and acquisitions. While the 
government's concerns about equal access and fair prices 
are serious ones that must be addressed carefully, they 
must be balanced against efforts to speed the realization 
of the new national information infrastructure. 

Today's market shifts represent the beginnings of the new 
information network that will be at the center of 
tomorrow's economy. Just as no manager or analyst can 
accurately predict the contours of this infrastructure, 
neither can any government official. If the government 
insists on overly restrictive regulations, America's 
ability to create the new information infrastructure will 
be in jeopardy. What the urgency of the marketplace and 
the unrelenting onrush of technology require are fewer 
regulations, not more. 

This interim policy report is the Council's attempt to 
understand the competitive pressures driving the evolution 
of the U.S.-based communications industry. In it, we offer 
the best-thinking of a broad cross-section of the private 
sector on this complex and at times highly contentious set 
of issues. Many diverse industry groups, as well as 
academia and labor, helped forge the consensus represented 
in these pages. 

We recognize that we do not have all of the answers and 
that we do not address all the concerns surrounding the 
evolution of the information infrastructure. Given the 
complexity of the issue and the competing interests 
involved, not everyone agrees on every detail of every 
point in this report. What we offer is a consensus 
framework -- one that lays the foundation for the 
transition to a fully competitive U.S. communications 
market that will drive America's economic performance and 
standard of living in the future. 

We hope that this framework will help inform the public 
policy debate, and we stand ready to do whatever we can to 
assist that process. 

Paul Allaire
Council Chairman
Chairman and Chief Executive Officer
Xerox

George M. C. Fisher
Former Council Chairman
Chairman and Chief Executive Officer
Eastman Kodak Company

Charles M. Vest
Project Co-Chairman
President
Massachusetts Institute of Technology

John A. Young
Project Co-Chairman
Former President and
Chief Executive Officer
Hewlett-Packard Company

Thomas E. Everhart
Council Vice Chairman
President
California Institute of Technology	.

Henry B. Schacht
Council Vice Chairman
Chairman and Chief Executive Officer
Cummins Engine Company, Inc

Jack Sheinkman
Council Vice Chairman
President
Amalgamated Clothing and Textile
Workers Union, AFL-CIO, CLC

EXECUTIVE SUMMARY

In its report, Vision for a 21st Century Information 
Infrastructure, the Council articulated a vision for a new 
national information infrastructure (NII): 

The information infrastructure will enable all Americans 
to access information and communicate with each other 
easily, reliably, securely and cost effectively in any 
medium -- voice, data, image or video -- anytime, 
anywhere. This capability will enhance the productivity of 
work and lead to dramatic improvements in social services, 
education and entertainment.

This report expands on that vision, focusing on the need 
for a competitive communications environment as a 
prerequisite for a versatile information infrastructure. 
By creating an environment in which U.S.-based firms are 
permitted to compete and encouraged to take advantage of 
the information infrastructure, we can sharpen America's 
performance in world markets and advance national 
interests. The efficiencies that result from competition 
will induce cost reductions and lower prices, increase 
demand for services and products, and expand output of new 
applications, all to the benefit of the consumer. The 
market is already responding. The recent spate of planned 
strategic alliances among the telephone, cable, wireless 
and entertainment companies, coupled with the emergence of 
small local exchange competitors, indicates that a 
dramatic and volatile restructuring of the communications 
industry is beginning and will continue for some time. No 
one can foresee the outcome. But the driving forces are 
becoming clear.

There is no question that the nation is in a profound 
economic transition. As often happens during periods of 
transition, however, the government is struggling to keep 
pace with market developments. Laws, regulations and 
governing processes, created under different market 
conditions and social environments, should be adapted to 
new circumstances. Competition is colliding with the 
regulated monopoly framework in the local cable and 
telecommunications services markets. The NII will only 
develop fully if competition can flourish at all levels of 
network operations and service provision. It is imperative 
that industry and government focus on removing obstacles 
to competition in the immediate future. 

This report offers a framework for developing the 
transitional rules required to ensure that a competitive 
communications environment emerges. It applies to all 
U.S.-based providers -- long distance and local telephone 
companies, cable companies, alternative access providers 
and power companies. It is particularly relevant to the 
local services market, where the regulated monopoly 
framework is colliding with competition. While the issues 
this framework confronts are well known, they have been 
dealt with in a piece-meal fashion. This approach has 
contributed to today's fragmented regulatory and policy 
structure. The Council believes these issues are 
inextricably linked and should be addressed concurrently 
to assure a coherent transition to a fully competitive 
marketplace. 




FINDINGS

1) TECHNOLOGY AND MARKETS ARE FUSING. New technologies 
and 
the prospect of an explosion in "tele-information" 
applications are forcing a restructuring of the 
communications industry. Companies that have traditionally 
seen themselves in fully separate and unrelated lines of 
business are finding themselves in direct competition with 
each other. At the same time, companies and industries are 
merging. The term "telecommunications" has become too 
limiting to describe an industry that is being redefined 
to include the creation, processing, storage and delivery 
of voice, data, images and video. The broader terms 
"communications" and "information" are more accurate 
descriptors. 

Along with this redefinition, the long held tenet that the 
local communications market is a natural monopoly is 
eroding. The very definition of a "local exchange" may be 
obsolete. Technologies are offering the potential for 
choice, and entrepreneurial firms are capitalizing on this 
potential in niche markets.

2) REGULATIONS AND POLICIES ARE FRAGMENTED. Current 
government policy views components of the communications 
sector as businesses restricted to traditional markets, 
despite the fact that technology is drawing them into new 
ones. Regulatory oversight and policy development are 
fragmented. They are dispersed among local regulatory 
bodies, fifty-two state public utility commissions, 
Congress, the Federal Communications Commission (FCC), the 
Executive Branch (National Telecommunications and 
Information Administration (NTIA), Office of Science and 
Technology Policy (OSTP) and other Administration 
agencies), and the courts. 

3) IT IS IMPOSSIBLE TO PREDICT ACCURATELY THE FUTURE 
PATH 
OF THE MARKET OR TECHNOLOGY. The current market is fluid. 
New companies and new technologies are emerging at a 
breathtaking pace. No one is certain which technologies 
will succeed, which of the proposed mergers will work, or 
which products and services the market will demand.

4) GIVEN THE DRAMATIC RESTRUCTURING UNDERWAY, THE 
KEY 
ISSUE IS NOT WHETHER, BUT WHEN AND UNDER WHAT 
CONDITIONS, 
TO PERMIT FULL COMPETITION IN ALL MARKETS. Ultimately, any 
vendor should be able to offer any communications service 
to anyone anywhere using any technology. In the present 
market environment, regulated monopolies dominate certain 
segments, and state and federal regulations restrict 
companies from offering certain services. Given this fact, 
government officials should recognize the need for less 
regulation, not more, so that the market can proceed.

RECOMMENDATIONS

As policy makers develop the regulations and policies 
required to make the transition to a fully competitive 
market, they must ensure that the process is evenhanded. 
The policy context should be industry neutral and 
technology neutral. Policy makers should focus on ensuring 
that the consumer has a choice of providers, products and 
services at reasonable prices. Users and providers should 
be able to respond to market opportunities without undue 
regulatory burden. Marketplace rules should permit 
competition and encourage technology investment. Essential 
regulation that ensures fairness should be encouraged 
while excessive regulation that stifles innovation should 
be eliminated. 

The Council has four recommendations for policy makers and 
U.S.-based companies that provide a core framework for 
developing the transition rules required to move to a 
fully competitive market. These recommendations should be 
addressed concurrently since the issues they concern are 
interlocking.

1) ENSURE INTERCONNECTION AND INTEROPERABILITY 
AMONG 
NETWORKS. All providers should be able to combine their 
facilities in a building-block approach. Elements of local 
distribution facilities, switch, transport and ancillary 
services should be unbundled and priced separately. 
Operational features, such as switching elements, 
transport elements, signalling systems and databases, that 
allow the network and its users to find each other, to be 
found and to connect, are "essential facilities." Access 
to these facilities is key to increased competition. 

2) REMOVE BARRIERS TO MARKET ENTRY. This recommendation 
applies both to new U.S.-based entrants into an incumbent 
provider's market and to incumbent providers into 
currently restricted lines of business. This includes 
telephone companies entering the cable market, cable 
companies entering the telephone market, new providers 
(including power companies) entering the local services 
market, local service providers entering the long distance 
market, etc. Federal and state policies should be aligned 
to permit competition in all segments of the 
communications market.

There is strong disagreement about which is the best 
policy path to pursue with respect to incumbent entry into 
currently restricted lines of business. Out of the 
multitude of proposals, the Council has narrowed the 
debate to two options. They differ on whether competitors 
should gain a predetermined share of the incumbent 
provider's market before the incumbent provider is 
permitted to enter other lines of business. 

Option One

Permit a dominant provider, whether cable, telephone, 
power or some other company, to enter other lines of 
business (including long distance, manufacturing and/or 
video programming) as soon as: 1) essential facilities are 
open to all providers and 2) regulatory safeguards are in 
place to prevent anti-competitive and monopolistic 
behavior during the transition to a fully competitive 
market.

Option Two

Permit a dominant provider, whether cable, telephone, 
power or some other company, to enter other lines of 
business (including long distance, manufacturing and/or 
video programming) as soon as: 1) essential facilities are 
open to all providers, 2) regulatory safeguards are in 
place to prevent anti-competitive and monopolistic 
behavior during the transition to a fully competitive 
market and 3) competitors have achieved a predetermined 
share of the dominant provider's market.

3) LET PRICES REFLECT COMPETITIVE MARKET CONDITIONS. 
Transitional regulations must balance protection against 
monopoly pricing abuse and cross-subsidies with the 
regulated incumbent provider's desire to respond to 
competition. Currently, incumbent providers have limited 
ability to adjust their prices to respond to new 
competitors. As competition increases, they should be 
granted greater pricing flexibility. During the transition 
phase, there should be price ceilings to protect customers 
from excessive rate increases and price floors to protect 
nascent competition. As incumbent providers are permitted 
to enter other businesses, safeguards should be adopted to 
prevent cross-subsidization. 

4) PROTECT UNIVERSAL SERVICE AND SHARE ITS COSTS. As 
competition emerges, adjustments must be made to ensure 
universal service. Where required, assistance should be 
directed to end-users so that they can purchase services 
from competitive providers. Providers of essential 
services should equitably share the responsibility of 
contributing this support. Policies that encourage 
competition should result in providers reducing their 
costs. As lower costs are translated into lower prices, 
fewer customers will require support mechanisms for 
essential services. This report does not attempt to 
redefine universal service nor does it discuss whether all 
Americans should have access to some base level of 
educational or cultural services distributed over the 
information infrastructure. We believe, however, that the 
definition of essential services should be reviewed and 
periodically updated. If new services have emerged that 
are essential to U.S. competitiveness, they should be 
considered for inclusion in the universal service program. 



ABOUT THE COUNCIL

Founded in 1986, the Council on Competititveness is a 
nonprofit, nonpartisan organization of chief executives 
from business, higher education and organized labor who 
have joined together to pursue a single overriding goal: 
to improve the ability of American companies and workers 
to compete more effectively in world markets, while 
maintaining a rising standard of living at home.

To build consensus within the public- and private-sectors 
on the actions needed to help Americans compete, the 
Council pursues a three-part agenda: increase public 
awareness of the breadth and severity of America's 
economic problems; mobilize the political will required to 
set the United States on a positive economic course; and 
assist in the development of specific public policies and 
private-sector initiatives. To that end, the Council 
focuses on issues in the areas of fiscal policy, science 
and technology, international economics and trade, and 
human resources.

The Council is governed by an executive committee and 
draws on the resources of its national affiliates -- over 
forty trade associations, professional societies and 
research organizations -- to help analyze issues and 
develop consensus. The Council is privately supported 
through contributions from its members, foundations and 
other granting institutions. 







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