ANNOUNCEMENT: Markey Bill debuts in House

[Stanton McCandlish <mech@eff.org>]

Followup-To: comp.org.eff.talk




Reps. Markey and Fields Introduce H.R. 3636, the "National Communications
Competition and Information Infrastructure Act of 1993": EFF Applauds
Inclusion of Open Platform Provisions


        On Monday, November 22, 1993, EFF applauded House
Telecommunications and Finance Subcommittee Chairman Edward Markey
(D-Mass.), Minority Chairman Jack Fields (R-Tex.), and other cosponsors for
introducing the "National Communications Competition and Information
Infrastructure Act of 1993."  The Markey/Fields legislation, which
incorporates EFF's Open Platform philosophy, is built on three concepts:
open platform services, the entry of telephone companies into video cable
service, and universal service. 

        Reacting to the open platform provisions, Mitchell Kapor, EFF Board
Chairman, stated:  "The sponsors of this bill are to be commended for
proposing legislation that incorporates a truly democratic vision of the
emerging data highway.  Open platform service can end channel scarcity once
and for all and make it possible for any information provider to offer
voice, data, and video services on the data highway.  Every citizen will be
able to access a true diversity of information and programming."

        EFF Executive Director Jerry Berman added that "we believe public
interest and nonprofit groups, as well as computer and communications
industry leaders will work very hard for the open platform provisions.  Our
goal is to keep them in the bill and make them even stronger before its
enactment."
 
BELOW, EFF BRIEFLY SUMMARIZES THE BILL'S PROVISIONS RELATING TO OPEN
PLATFORM SERVICES, THE ENTRY OF TELEPHONE COMPANIES INTO VIDEO CABLE
SERVICE, AND UNIVERSAL SERVICE. AN EFF ANALYSIS OF THE IMPACT OF THE BILL
ON PUBLIC INTEREST GOALS OF UNIVERSAL SERVICE, COMMON CARRIAGE, AND
CONSUMER EQUITY WILL BE RELEASED AS SOON AS IT IS COMPLETED.  

OPEN PLATFORM
    
        Under the Markey/Fields bill, open platform service is designed to
give residential subscribers access to voice, data, and video digital
telephone service on a switched, end-to-end basis.  Information of the
customer's choosing would be transmitted to points specified by the
customer. 

        The bill directs the Federal Communications Commission to
investigate the policy changes needed to provide open platform service at
affordable rates.  To ensure affordability, open platform service would be
tariffed at reasonable rates. 

ENTRY OF TELEPHONE COMPANIES INTO VIDEO CABLE SERVICE

        The bill promotes the entry of telephone companies into video cable
service and seeks to benefit consumers by spurring competition in the local
telephone and cable television industries. The bill envisions that
telephone companies, cable companies, and others will be interconnected and
have equal access to facilities of the local telephone companies.  The bill
would rescind the ban on telephone company ownership and delivery of video
programming that was enacted in the Cable Act of 1984.  Telephone companies
would be allowed to provide video programming, through a separate
subsidiary, to subscribers in its telephone service area. 

        Telephone companies would be required to establish a "video
platform" upon which to offer their video programming.  Telephone
companies, on a nondiscriminatory basis, would be required to allow other
providers to offer video programming to subscribers using the same video
platform.  Other providers would be allowed to use up to 75 percent of the
video platform capacity.  Telephone companies would be prohibited from
buying cable systems within their telephone service territory, with only
tightly drawn exceptions.  The Federal Communications Commission (FCC)
would be required to establish rules for compensating local telephone
companies for providing interconnection and equal access.

UNIVERSAL SERVICE

        To ensure that universal digital services are available to
residential subscribers at affordable rates as local telephone service
becomes more competitive, the Markey/Fields bill would establish a joint
Federal-State Board to perpetuate universal provision of high-quality
telephone service.  The Board would be required to define the nature and
extent of the services encompassed within a telephone company's universal
service obligation.  The Board also would be charged with promoting access
to advanced telecommunications technology.

        The FCC is required to prescribe standards necessary to ensure that
advances in network capabilities and services deployed by common carriers
are designed to be accessible to individuals with disabilities, unless an
undue burden is posed by such requirements.  Additionally, within one year
of enactment, the bill requires the FCC to initiate an inquiry to examine
the effects of competition in the provision of both telephone exchange
access and telephone exchange service furnished by rural carriers.


Mary Beth Arnett
Staff Counsel
Electronic Frontier Foundation
1001 G Street, NW
Suite 950 East
Washington, DC  20001
(202) 347-5400  VOICE
(202) 393-5509  FAX 




-- 
Stanton  McCandlish  mech@eff.org  1:109/1103   EFF  Online  Activist & SysOp
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