|
[January 09, 2004]
Brand X Internet Issues a Call to Action on Cable Access
An Open Letter to Fellow Independent ISPs
November 2003
Dear Colleague:
My name is Jim Pickrell and I am President of Brand X Internet Services and past president of the California ISP Association. Several weeks ago the Ninth Circuit Court of Appeals issued an opinion in Brand X Internet Services v. FCC that you may have heard about. The Court reversed the FCC's ruling that cable modem service was unregulated and told the FCC that cable companies offering cable modem service are common carriers. This means that, under the Communications Act cable companies must offer high speed transmission services to competing Internet Service Providers on a non-discriminatory basis and at reasonable rates.
This ruling was a big victory for independent ISPs and their customers but it doesn't guarantee us anything. Not yet, anyway. To turn this decision into something tangible for ISPs I need your help.
The Chairman of the FCC, Michael Powell, has already announced that the FCC will appeal this decision. And the FCC has another weapon. The 1996 Telecommunications Act gives the FCC the power to "forbear" from regulating telecommunications services where it can prove that regulating would do more harm than good. Perhaps anticipating its loss in the courts, the FCC commenced a proceeding several years ago in which it announced its tentative conclusion that, even if cable modem service makes cable companies common carriers, it should forbear from regulating them. It has not made a final decision in that case and there are several members of the FCC who have voiced serious doubts about the wisdom of forbearing. I think ISPs can persuade them that forbearance is a bad idea and I think we can show a court, if necessary, that it is an unlawful idea.
I'm sure I don't need to tell you that the refusal of cable companies to make their systems available to competing independent ISPs has been devastating to those of us hoping to retain our residential consumers. I am convinced, precisely because of this, that we need to form a national organization that will represent the interests of independent ISPs against the cable companies. To that end, I propose a conference call to discuss its formation and a course of common action. If you are interested in participating, or know others who are, let me know. You can do so either by (1) expressing your interest and including your phone number mail address and email address in an email to me at jimp@brandx.net , (2) sending the same information to Brand X's attorney, Harvey Reiter of Stinson Morrison Hecker LLP in Washington, DC at hreiter@stinsonmoheck.com or (3) posting the information to the page I've set up on the Brand X website at <http://www.brandx.net/coalition/signupform.html>. Once I have an idea of the likely number of callers, I will send you a follow up communication relaying information about a call in number, but here is the agenda I propose :
?A brief discussion of the Brand X decision, its implications for independent ISPs and how organization of an association of independent ISPs focused on cable access issues can benefit us.
?What would the association do?
?Communicate with the FCC and Congress about ISP concerns.
?Participate in relevant FCC proceedings.
?Testify before Congress.
?Participate in appeals of FCC decisions to the courts.
?Provide an information outlet for ISPs about cable access issues confronting fellow members.
?Advise members about relevant legal and technical support services for individual cases they may need to bring.
?Formation of the Association
?Funding structure - dues, etc.
?Election of officers
I've asked Harvey Reiter, who was Brand X's attorney in the FCC case, to join us on the call and to help answer some of the questions we may have about what an ISP association can accomplish and what each of us can do individually to secure reasonable access to cable systems. I look forward to hearing from you.
Sincerely,
Jim Pickrell
President, Brand X Internet Services
[ Back To TMCnet.com's Homepage ]
|
