# Inquiry Concerning Advanced Telecommunications Capability > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-21729 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** August 12, 1998 - **Citation:** 63 FR 43178 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-21729. Public record. Not legal advice.