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July 21, 2003

Subcommittee on Telecommunications and the Internet
The House Committee on Energy and Commerce
2123 Rayburn House Office Building
Washington, DC

Re: The Regulatory Status of Broadband Services: Information Services, Common Carriage, or Something in Between?

Dear Chairman Upton, Representative Markey and Members of the Subcommittee:

We thank the Subcommittee for holding what we hope will be the first of several Congressional hearings to address broadband issues. We are grateful that the Subcommittee appears to be focusing on the FCC’s proposal to treat such services as interstate information services. Such a classification is not only inconsistent with the direction of the Congress and the Telecommunications Act, it is also potentially disastrous to consumers who will have no level of government to look to for protection in the absence of competition for pricing, customer service, privacy and related issues.

Local government would have welcomed the opportunity to share with the subcommittee our experiences as regulators of broadband services provided over a cable system (both industry and government agreed such services were a cable service up until the FCC Declaratory Order in March of 2002). Because there was no doubt such services were subject to local government oversight, consumers were protected. Still, the cable industry and local government worked cooperatively to deploy services with the result being that over ninety-percent of homes will have access to broadband services from cable by the end of this year. We would have also shared our insights as the public’s right-of-way managers and community interest advocates. Local government was not however invited to testify.

We were especially disappointed that the Subcommittee’s hearing did not include a witness representing local government, as we are the regulatory agency closest and most accessible to consumers. Local government will, however, submit testimony before the end of this week to provide the Committee with a ground-level assessment of how broadband regulation and competition policies are working. Further we will clarify for the record the nature and importance of local governments’ role in promoting competition and protecting cable and broadband consumers.

We also renew our pledge to assist both the Subcommittee and full House Energy and Commerce Committee in any way we can to address the numerous broadband issues outlined in our testimony.


Sincerely,



Don Borut
Executive Director
National League of Cities

J. Thomas Cochran
Executive Director
The U.S. Conference of Mayors

Larry Naake
Executive Director
National Association of Counties

Libby Beaty
Executive Director
National Association of Telecommunications Officers and Advisors

Hon. Marilyn J. Praisner
Chair
TeleCommUnity

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