Seems decent enough, and provides for the consumer unless i'm missing some small print RIAA shit.At long last, Congress is attempting to rework the laws governing telecommunications in the US to account for that whole Internet thing. Passed in 1996, the Telecommunications Act has been stretched to the limit in trying to account for the largely unanticipated growth of broadband services. A draft of the new legislation (PDF) was released yesterday by the House Energy and Commerce Committee, and surprisingly, it doesn't look half bad.
The Federal Communication Commission's influence can be seen on the legislation, as it would make the FCC's policy of encouraging competition between BITS (broadband Internet transmission services) rather within them a matter of law. All broadband providers, whether cable, DSL, powerline, or other would be put on equal footing. In addition, broadband providers would not be able to block lawful content from their networks. That means that if your cable ISP offers VoIP telephony, but you choose to go with a competitor, your ISP will be barred from blocking or otherwise hindering your calls.
VoIP users will also be given access to emergency 911 services under the draft legislation. As is the case now, VoIP providers would have to negotiate with the incumbent telcos (e.g., SBC, BellSouth, Qwest, Verizon) for access to their 911 networks. The legislation would force the VoIP providers to provide full access while mandating that the telcos offer it to them at "just and reasonable" rates. If negotiations between VoIP and a telco stall, the FCC could be brought in to mediate. VoIP subscribers could also see some modest cost increases in the form of the same federal Universal Service Fund charges that POTS (plain old telephone service) subscribers currently pay. The decision on whether to add USF charges to VoIP service would be left up to the FCC.
Efforts to create municipal broadband networks would get a thumbs-up from the legislation as well. State and local governments will be able to create and operate their own broadband networks although they would be subject to the same laws and regulations governing networks operated by the private sector. That legislation would trump laws passed in a handful of states that bar towns and cities from operating broadband networks. From the Committee's section-by-section summary (PDF):
Section 409 prohibits State laws that prevent governmental entities from providing BITS, VOIP services, or broadband video services. However, Section 409 prohibits governmental entities that provide such services from receiving preferential treatment from the government that owns or controls such entities as compared to other providers of such services. Section 409 also requires governmental entities providing such services to comply with all laws and regulations that apply to providers of BITS, VOIP services, and broadband video services.
That's good news for residents of towns and cities with no broadband access or no choice in providers, and bad news for companies that currently have a stranglehold on certain local markets.
Companies providing TV over broadband, which will become more commonplace as telcos continue with their fiber to the premises efforts, will be able to offer video over IP without having to get franchises similar to cable TV companies. However, the local governments would still be able to assess a franchise fee of up to 5 percent of the broadband video service provider's revenues.
One negative to the proposed legislation is that it would make the recent ruling that incumbent telcos need not lease their lines to competing DSL providers a matter of law. However, they would at least be barred from interfering with how subscribers use and interact with the service within their homes, meaning no restrictions on how many machines are hooked up to a single connection.
In reading through the draft of the legislation, I was struck by how thorough it is, and was pleasantly surprised by some of the positions taken by the legislation. While there's plenty in there for companies like Verizon and SBC to like, especially when it comes to leasing DSL and video over IP, there are some safeguards for consumers as well. It's far reaching and forward looking legislation, and it's apparent that those who helped draft it did their homework. Best of all, it leaves the door wide open for local municipalities to create their own broadband networks, which could go a long way towards providing alternatives for consumers in areas with little or no choice in broadband providers.
link
