Inquiry Concerning Advanced Telecommunications Capability

FEDERAL COMMUNICATIONS COMMISSION

[FCC 98-187]

Inquiry Concerning Advanced Telecommunications Capability

AGENCY: Federal Communications Commission.

ACTION: Notice of inquiry.

-----------------------------------------------------------------------

SUMMARY: On August 7, 1998, the Federal Communications Commission (FCC)

released a Notice of Inquiry to solicit comment about the availability

of advanced telecommunications capability to all Americans. The Notice

seeks comment from businesses, consumers, public interest groups, and

others on what the statutory meaning of ``advanced telecommunications

capability'' should include. In addition, the Notice seeks comment on

the current and future availability of advanced telecommunications

capability and the likelihood that it will be deployed to all

Americans. Finally, the Notice seeks comment on what action the FCC

should take if it finds that advanced telecommunications capability is

not being deployed to all Americans in a reasonable and timely fashion.

DATES: Comments are due on or before September 8, 1998. Reply comments

are due on or before October 8, 1998.

ADDRESSES: Comments and reply comments should be sent to the Office of

the Secretary, Federal Communications Commission, 1919 M Street, N.W.,

Suite 222, Washington, D.C. 20554, with a copy to John W. Berresford of

the Common Carrier Bureau, Federal Communications Commission, 2033 M

Street, N.W., Suite 399-A, Washington, D.C. 20054. Comments may also be

filed using the Commission's Electronic Comment Filing System (ECFS).

See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR

24121 (May 1, 1998). Comments filed through the ECFS can be sent as an

electronic file via the Internet to http://www.fcc.gov/e-file/

ecfs.html>. Parties should also file one copy of any document filed in

this docket with the Commission's copy contractor, International

Transcription Services, Inc. (ITS), 1231 20th St., N.W., Washington,

D.C. 20036, (202) 857-3800.

FOR FURTHER INFORMATION CONTACT: John W. Berresford, Senior Antitrust

Attorney, Industry Analysis Division, Common Carrier Bureau, at 202-

418-1886 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Inquiry

released August 7, 1998 (FCC 98-187). The full text of the Notice of

Inquiry is available for inspection and copying during normal business

hours in the FCC Reference Center, Room 239, 1919 M Street, N.W.,

Washington, D.C. 20554. The complete text is also available on the

Commission's website at http://www.fcc.gov. The complete text also may

be purchased from the Commission's copy contractor, International

Transcription Services, Inc. (ITS), 1231 20th St., N.W., Washington,

D.C. 20036, (202) 857-3800.

Summary of the Public Notice

1. In the Notice of Inquiry (Notice), the Commission solicits

public comment on what should be included in the term ``advanced

telecommunications capability'' and to what degree that capability is

being deployed or will be deployed to all Americans. The Commission

seeks to determine whether the free market is delivering or will

deliver this capability to all Americans and, if not, what the

Commission should do to accelerate it.

2. Section 706 of the Telecommunications Act of 1996, specifically

directs the Commission and each state commission to ``encourage the

deployment on a reasonable and timely basis of advanced

telecommunications capability to all Americans . . . by utilizing, in a

manner consistent with the public interest, convenience, and necessity,

price cap regulation, regulatory forbearance, measures that promote

competition in the local telecommunications market, or other regulating

methods that remove barriers to infrastructure investment.'' Public Law

104-104, Title VII, Sec. 706, Feb. 8, 1996, 110 Stat. 153, reproduced

in the notes under 47 U.S.C. 157. Pursuant to this Congressional

directive, the Notice seeks public comment from a broad range of

parties to help inform the Commission on what it may do to fulfill its

statutory obligation.

3. In particular, the Commission seeks comment in the Notice on the

meaning and scope of statutory terms such as ``advanced

telecommunications capability,'' ``broadband,'' and ``high-speed.''

Additionally, the Commission seeks comment on whether it was the intent

of Congress to have the meaning of these terms evolve over time.

4. The Commission further seeks comment about a variety of

businesses and the role they can play in deploying advanced

telecommunications capability. To this end, the Notice seeks comment on

the potential for deployment from sources such as incumbent and

competitive local exchange carriers (LECs) and interexchange carriers,

as well as information service providers, satellites, broadcasters,

mobile service companies, utilities, and high-bandwidth wireless

providers. In addition to deployment plans, the Notice seeks comment on

the potential for new alternatives to the incumbent LECs' and cable

television companies' last miles and last hundred feet of wired

connections, especially to residential and small business customers.

The Commission also seeks comment from consumers, public interest

groups, and other persons on these matters.

5. Consistent with section 706(a), the Commission seeks comment on

what regulatory barriers exist that are delaying any of the above-

mentioned industries from proceeding forward with deployment and what

action the Commission should take to remove those barriers.

6. In addition, the Commission encourages all interested parties to

comment on the demand for advanced telecommunications capability. In

particular, the Notice seeks comment on whether consumer demand is

homogeneous, and if not, whether it will vary by region, income or

other variables. The Notice also seeks to ascertain the cost of

delivering advanced telecommunications capability and what effects

price has on both the supply of and demand for the services that result

from deployment.

7. Section 706(b) directs the Commission to pay attention in

particular to the availability of advanced telecommunications

capability to ``elementary and secondary schools and classrooms.'' The

Notice seeks comment on whether the market will adequately serve the

needs of schools and classrooms as well as libraries, and if not, to

what extent any shortage in service will be addressed by other

[[Page 43179]]

government programs designed to address their needs.

8. The Notice seeks comment on the current trends in deployment and

whether they indicate that certain segments of the population may be

underserved by the market. The Notice also notes that in rural and

inner-city communities, the market may fail to deliver advanced

telecommunications capability. The Notice seeks comment on whether

advanced telecommunications capability is or will be deployed in these

areas.

9. Congress directs the Commission in section 706(b) to exercise

its regulatory authority to remove barriers to infrastructure

investments if it finds that deployment is not occuring ``in a

reasonable and timely fashion.'' The Notice seeks comment on how the

Commission should do so. The Notice specifically seeks comment on how

the Commission should exercise its forbearance authority and which

statutory provisions or rules it should forbear from applying.

10. The Notice also seeks comment on the appropriate balance

between section 706 and the policy and program for universal service

under 47 U.S.C. Sec. 254.

11. The Commission seeks comment on what structure of regulation

will best promote the deployment of advanced telecommunications

capability and will preserve a competitive market for advanced

services. This question may become important if competition in advanced

services emerges among common carriers (wire and wireless), cable

television, broadcasters, and information service providers.

12. Section 706 calls on the State commissions to encourage

deployment of advanced telecommunications capability. The Commission

seeks comments from the states on how it can best interact with them to

ensure that the goals of section 706 are achieved.

Procedural Matters

A. Ex Parte Presentations

13. Subject to the provisions of 47 CFR Sec. 1.1203 concerning

``Sunshine Period'' prohibitions, this proceeding is exempt from ex

parte restraints and disclosure requirements, pursuant to 47 CFR

Sec. 1.1204(b)(1). Because many of the matters on which we request

comment in the Notice may call on parties to disclose proprietary

information, we suggest that parties consult 47 CFR Sec. 0.459 about

the submission of confidential information.

B. Comment Filing Procedures

14. Pursuant to Secs. 1.415, 1.419, and 1.430 of the Commission's

rules, 47 CFR 1.415, 1.419, and 1.430, interested parties may file

comments on or before September 8, 1998. Reply comments are due on or

before October 8, 1998. To file formally in the proceeding, you must

file an original and six copies of all comments, reply comments, and

supporting comments. If you want each Commissioner to receive a

personal copy of your comments, you must file an original and twelve

copies. Comments and reply comments should be sent to the Office of the

Secretary, Federal Communications Commission, 1919 M Street, N.W.,

Suite 222, Washington, D.C. 20554, with a copy to John W. Berresford of

the Common Carrier Bureau, Federal Communications Commission, 2033 M

Street, N.W., Suite 399, Washington, D.C. 20036. Parties should also

file one copy of any document filed in this docket with the

Commission's copy contractor, International Transcription Services,

Inc. (ITS), 1231 20th St., N.W., Washington, D.C. 20036, (202) 857-

3800.

15. Comments may also be filed using the Commission's Electronic

Comment Filing System (ECFS). See Electronic Filing of Documents in

Rulemaking Proceedings, 63 FR 24121 (May 1, 1998). Comments filed

through the ECFS can be sent as an electronic file via the Internet to

http://www.fcc.gov/e-file/ecfs.html>. Only one copy of electronically

filed comments must be submitted. Commenters must note on the subject

line whether an electronic submission is an exact copy of formal

comments. Commenters also must include their full name and U.S. Postal

Service mailing address in their submission. Further information on the

process of submitting comments electronically is available at http://

www.fcc.gov/e-file>.

16. Parties are also asked to submit comments and reply comments on

diskette. Such diskette submissions would be in addition to and not a

substitute for the formal requirements addressed above. Parties

submitting diskettes should submit them to: Ms. Terry Conway, Common

Carrier Bureau, Industry Analysis Division, 2033 M Street, N.W., Room

500, Washington, D.C. 20554. Such diskettes should be on a 3.5 inch

diskette formatted in an IBM compatible format using WordPerfect 5.1

for Windows software. The diskette should be submitted in ``read only''

mode. The diskette should be clearly labeled with the party's name,

proceeding, type of pleading (comment or reply comment), and date of

submission. The diskette should be accompanied by a cover letter.

16. Other requirements. Comments and reply comments must also

comply with Sec. 1.49 and all other applicable sections of the

Commission's rules. We also direct all interested parties to include

the name of the filing party and the date of the on each page of their

comments and reply comments.

Ordering Clause

17. Accordingly, it is ordered, pursuant to section 706 of the

Telecommunications Act of 1996, that notice is hereby given of the

inquiry described above and that comment is sought on these issues.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 98-21729 Filed 8-11-98; 8:45 am]

BILLING CODE 6712-01-P