+ All Categories
Home > Documents > Residential Access To Bandwidth: Exploring New Paradigms

Residential Access To Bandwidth: Exploring New Paradigms

Date post: 12-Apr-2022
Category:
Upload: others
View: 2 times
Download: 0 times
Share this document with a friend
46
Communications and Society Program Charles M. Firestone Executive Director Washington, DC 1999 Residential Access To Bandwidth: Exploring New Paradigms A Report of The Thirteenth Annual Aspen Institute Conference on Telecommuncations Policy Robert M. Entman Rapporteur
Transcript
Page 1: Residential Access To Bandwidth: Exploring New Paradigms

Communications and Society ProgramCharles M. FirestoneExecutive DirectorWashington, DC

1999

Residential Access To Bandwidth:Exploring New Paradigms

A Report ofThe Thirteenth Annual Aspen Institute Conference on

Telecommuncations Policy

Robert M. EntmanRapporteur

Page 2: Residential Access To Bandwidth: Exploring New Paradigms

To purchase additional copies of this report, please contact:

The Aspen InstitutePublications OfficeP.O. Box 222109 Houghton Lab LaneQueenstown, Maryland 21658Phone: (410) 820-5326Fax: (410) 827-9174E-mail: [email protected]

For all other inquiries, please contact:

The Aspen InstituteCommunications and Society Program1333 New Hampshire Avenue, NWSuite 1070Washington, DC 20036Phone: (202) 736-5818Fax: (202) 467-0790

Charles M. Firestone Amy Korzick GarmerExecutive Director Associate Director

After May 1, 1999, please contact us at our new address:One Dupont Circle, N.W.Washington, DC 20036

Copyright © 1999 by The Aspen Institute

The Aspen Institute1333 New Hampshire Avenue, NW

Suite 1070Washington, DC 20036

Published in the United States of America in 1999by The Aspen Institute

All rights reserved

Printed in the United States of America

ISBN: 0-89843-256-1

Bin No. 99-004

Page 3: Residential Access To Bandwidth: Exploring New Paradigms

In memory of James Ronald Cross

(1946-1998)

Page 4: Residential Access To Bandwidth: Exploring New Paradigms
Page 5: Residential Access To Bandwidth: Exploring New Paradigms

Contents

FOREWORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

RESIDENTIAL ACCESS TO BANDWIDTH:

EXPLORING NEW PARADIGMS

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Access To What?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Toward A New Regulatory Paradigm . . . . . . . . . . . . . . . . . . . . . . . 5

Actions Under Existing Regulatory Procedures. . . . . . . . . . . . . . . 13

Modernizing Universal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

APPENDIX

Thirteenth Annual Aspen Institute Conference

On Telecommunications: List of Participants . . . . . . . . . . . . . . 27

ABOUT THE AUTHOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

PREVIOUS PUBLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

THE ASPEN INSTITUTE

COMMUNICATIONS AND SOCIETY PROGRAM . . . . . . . . . . . . . 35

v

Page 6: Residential Access To Bandwidth: Exploring New Paradigms
Page 7: Residential Access To Bandwidth: Exploring New Paradigms

vii

Foreword

The enlightenment in the Middle Ages was facilitated by theprinting press, which reduced the cost of information and broad-ened citizens’ access to knowledge. Likewise, the success or fail-ure of the twentieth century’s digital renaissance largely dependson the ubiquitous deployment of broadband services to the home.Until American households gain widespread access to broadbandservices at affordable prices, we cannot fully reap the benefitsheralded by the information revolution.

In this context, the Aspen Institute convened the ThirteenthAnnual Aspen Institute Conference on TelecommunicationsPolicy, August 9-13, 1998, in Aspen, Colorado, to discuss,“Residential Access to Bandwidth.” At this conference, partici-pants reached near consensus that the ubiquitous deployment ofresidential broadband services is both normatively desirable andeconomically feasible. They identified the current regulatoryregime as one of the biggest barriers to the realization of thispublic policy objective and offered solutions to promote broad-band to the home within the current regulatory structure.Likewise, they suggested a new regulatory paradigm. In suggest-ing regulatory reform, participants offered recommendations tobring the telephone-based universal service tradition into thebroadband future.

Within the current regulatory framework, participants offeredtwo main suggestions: minimize regulatory uncertainty and reducegovernment intervention wherever possible. In the new modeldeveloped by conference participants, companies would competethrough the marketplace instead of the courts and collaborate morefrequently on shared concerns through issue-oriented conferences.Where disputes arise, the paradigm encourages negotiated settle-ments.

To encourage widespread delivery of broadband services tolower income households, participants widely supported the ideaof targeted subsidies. However, they disagreed on what servicesshould be eligible for such programs. Participants held firmly thatsubsidies be provided to individuals and communities rather than

Page 8: Residential Access To Bandwidth: Exploring New Paradigms

viii RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

to companies. To this end, they noted that the “E-rate” model ofuniversal access was preferable to the traditional model of uni-versal service subsidies prevalent in the telephony realm.

Although the report details these and other, more specific sug-gestions, it is important to note that no votes were taken, and par-ticipants were not asked to sign any particular statements. Thus,the observations of consensus are those of the rapporteur andshould in no way be construed as the statement of any particularparticipant or employer unless specifically noted as such.Furthermore, these suggestions and others debated at the AspenConference are intended as suggestions to advance the dialogueand deliberation on these issues in other fora, not necessarily thedefinitive answers.

AcknowledgmentsAs indicated in the front of this volume, this report is dedicated to

the memory of James Ronald Cross, Vice President of RegulatoryPolicy at Nortel Networks, in honor of his commitment to advancingsubstantive dialogue on telecommunications policy. We will sorelymiss Ron’s decade-long participation in our domestic and interna-tional conferences on telecommunications policy.

We want to take this opportunity to thank, once again, RobertEntman, who has served as rapporteur for all thirteen confer-ences. We appreciate his faithful representation of the delibera-tions as well as his help in developing reading materials for theconference.

We also thank each of the participants for their involvement inthe conference and for their follow-up afterward. Additionally, wethank Amy Garmer, associate director, Sylvia Pear, publicationsmanager, Rebecca Weaver, graphic design specialist, Beth Wachs,program associate, and Susan Crissinger, copy editor, for theirhelp in editing, proofing, designing, and producing the finalReport. Special thanks to Patricia Kirsch, program coordinator,and Sunny Sumter, program coordinator, for their invaluable assis-tance in coordinating the conference and producing the finalReport.

Finally, but very significantly, we gratefully acknowledge andthank the sponsors of the Aspen Institute Conference on Tele-

Page 9: Residential Access To Bandwidth: Exploring New Paradigms

Foreword ix

communications Policy: Ameritech, AT&T, Bell Atlantic, CablevisionSystems Corporation, Cox Enterprises, EDS, GTE, Intel, MCICommunications Corporation, Nortel, SBC Communications, Sprint,TCG, Teligent, and US West.

Charles M. FirestoneExecutive Vice President, Policy Programs

andExecutive Director, Communications and Society Program

The Aspen InstituteJanuary 1999

Page 10: Residential Access To Bandwidth: Exploring New Paradigms
Page 11: Residential Access To Bandwidth: Exploring New Paradigms

1

Residential Access to Bandwidth:Exploring New Paradigms

Robert M. Entman

IntroductionThe 1998 Aspen Institute Conference on Telecommunications

Policy met to consider ways of speeding the deployment oftelecommunication systems that allow for robust, reliable, andinnovative communications services to the home. There waswide agreement that this means, in essence, getting broadbandaccess to as many residences as possible, as quickly as econom-ically sensible and technically feasible. By organizing the partici-pants into three working groups, the session was able to comeup with analytical suggestions and policy recommendationsdesigned to accomplish this central objective. The three groupsconsidered:

1. Exactly what capabilities and services would we like tosee homes obtain?

2. Given the long and costly history of regulatory delay andcorporate gamesmanship, can we devise new paradigmsof regulation that will speed deployment of residentialbroadband?

3. What should be the universal service goals and mecha-nisms for a new telecommunication system in whichbroadband is the standard for residences?

Groups consisted of participants representing major interests inthe telecommunications field, including telephone and cable com-panies, large users of telecommunications services, and federal,state, and local government agencies. As each group presented itsthoughts—sometimes a consensus, often a majority view withqualifications appended—the entire group discussed their ideasand pressed for modifications and clarifications. Groups then eachproduced a final report.

Page 12: Residential Access To Bandwidth: Exploring New Paradigms

2 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

The present document distills both the group reports and theplenary discussion sessions, conveying the key observations,points of agreement, and disputes. To boil the discourse down toa few major themes:

• Ubiquitous residential access to broadband, or close to it,is a realistic and desirable goal.

• Government officials and competing telecommunicationfirms must begin cooperating to design processes that willreach fair but expeditious policy decisions. A new regula-tory paradigm should jettison unproductive conflict,replacing competition in the courtroom by competition inthe marketplace. This model would encompass suchmechanisms as alternative dispute resolution, negotiatedrulemakings, and expedited adjudication. Failing theseinnovative moves, the disappointingly slow roll-out ofbroadband and other competitive advanced telecommuni-cation capabilities and services could continue, to thedetriment of the economy and citizens’ welfare.

• The universal service tradition can be updated and adapt-ed to the evolving broadband world by using market indi-cators of when services become “essential” and then care-fully calibrating and targeting subsidies.

Access To What?The working group suggested that residential broadband will

develop as it enters the marketplace, increasing over time in rich-ness of capabilities and uses. As time progresses, residential broad-band will move essentially from its initial function of providinghomes with speedy data links—fast text-based access to theInternet—toward giving residences a full range of multimediaofferings that include digital audio and video. This means that overthe course of five years the aims of policy makers should adapt.The first goal, the one to seek today, is connecting homes to theInternet at speeds beyond what now seems the unacceptably slowrate of integrated services digital network, 128 kilobytes per sec-ond (kbps). This rate of data transfer is only twice what common

Page 13: Residential Access To Bandwidth: Exploring New Paradigms

The Report 3

analog modems now offer over standard phone lines, and indeeda new analog modem now provides 128 kbps access for homesthat can use two phone lines simultaneously. Telecommunicationfirms are now touting transfer rates of 1,000 kbps (or 1 mbps) andmore as attainable by digital modems that use cable television net-works or telephone exchanges equipped with digital subscriberline (DSL) capacity. However, these technologies are readily avail-able in relatively few communities and the pace of deployment tonew markets seems slow. Head-on competition between high-speed connections by cable modem and by telephone companyDSL seems even rarer; wireless access is rarer still. This sectionconsiders both realistic goals for broadband deployment, and thebarriers that may be stifling attainment of even the near-term goalto make 1 Mbps service widely available.

For the long term, say in five years (2003), the working groupsketched a scenario in which speeds greater than 6 mbps would becommonplace. Such connections would suffice for full motion video,allowing achievement of the long-standing vision of video ondemand. That capability would pave the way for the true multime-dia convergence of video, audio, and text. The price target for accessto a high-speed broadband network would be around $30 permonth—about what people pay now for cable television service.

Most, though definitely not all, conference participantsexpressed confidence that there would be a widespread con-sumer demand for broadband connectivity. Beyond the obviousand critical pull from the apparently insatiable desire for expand-ing video and multimedia entertainment options, other demanddrivers include electronic commerce, distance learning, telemedi-cine, telecommuting, socializing, and enhanced civic involvement(e.g., information on local government services and issues).

Despite this impressive list of demands and suppliers, someattendees expressed skepticism or at least caution, citing the longhistory of seemingly promising services that flopped in the mar-ketplace, including picturephone and interactive cable television.They also pointed out that different services require differentamounts of bandwidth; it may turn out that most consumers don’tneed broadband even if they want some aspects of networkedcommunication connectivity. And there is substantial uncertainty

Page 14: Residential Access To Bandwidth: Exploring New Paradigms

4 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

as to exactly what consumers will want. Alex Netchvolodoff, vicepresident of Cox Enterprises, while voicing confidence in thetransforming power of the Internet, cautioned, “We don’t knowwhat kinds of content will get people to use the Internet.” But itseems likely the ingenuity of content and service providers will beup to the task of enticing consumers. Moreover, skepticism aboutthe broadband future does not reckon with the critical fact thathigh-speed networked communication is already a reality at mostlarge corporate, government, and educational workplaces. Aspeople become accustomed to rapidly accessing e-mail, onlineshopping, news, and other yet-to-be-introduced services atwork—and as doing work at home increasingly requires connec-tion to the office network—demand for residential broadband willalmost certainly mushroom. That prediction holds at least for themajority of the work force that is now white-collar.

Moreover, the working group provided a reasonable demon-stration of economic feasibility. If we estimate the per-home costof installing 5+ mbps capacity at $1,000, the target charge of $30per month would allow capital recovery within a reasonable time,assuming penetration rates comparable to what cable televisionhas achieved (about two-thirds of homes passed).

What, then, is holding things up? Some of the barriers are phys-ical and organizational. For example, cable modems have been inshort supply, and this obviously limits the ability of cable compa-nies to offer service. The work force of cable and telephone com-panies, from installers to customer service representatives, mustbe educated in the new technology, and that takes time. Otherbarriers are technical or regulatory. Technical standards for manyaspects of DSL are unclear, and such matters as loop management,interconnectivity, and running voice and data on the same or aseparate wire pair remain unsettled. Competitive local exchangecarriers (CLECs), which might want to enter this market, may havetrouble obtaining co-location or needed interconnections from theincumbent local exchange carrier (ILEC). For their part, ILECs facea regulatory regime that does not give them particularly strongincentives to risk large investments in new services. For example,in some jurisdictions, “social contracts” that require rate cuts orrebates where profits exceed a target level may discourage major

Page 15: Residential Access To Bandwidth: Exploring New Paradigms

The Report 5

new investment. This may hold even though the contracts weredesigned to preserve incentives for ILECs to take innovative risks.Potential solutions to these impediments created by regulationwill be considered in the next section.

More generally, all players face uncertainty as to the meaningof current regulation and possible future regulatory decisions, anduncertainty usually discourages new investment in innovativetechnology and services. Beyond regulation, innovation is alwaysconstrained by market uncertainty, and by a kind of reversedemonstration effect: until it’s clear that some form of residentialbroadband will be a roaring success in a diverse range of markets,firms will tend to hesitate before plunging in wholeheartedly.

In this section we’ve found that widespread residential broad-band is an economically realistic and normatively desirable objec-tive, but that a variety of barriers appears to be slowing its achieve-ment. Although regulation is not the only source of constraint onbroadband deployment, it provides the focal concern of this con-ference, so the remainder of the report concentrates on two matters:how regulation should change in order to enhance the deploymentof residential broadband, and how universal service should beimplemented in a context where broadband does in fact become thede facto standard level of residential telecommunications service.

Toward A New Regulatory ParadigmThe conference developed a creative array of ideas for over-

coming barriers to rapid deployment rooted in the current regula-tory system. It should be made clear that much of the delay is notthe “fault” of any one participant in the system. Rather, it is the verystructure of the regulatory system that forces most to act in waysthat stymie achievement of the general good. After all, this systememerged from a monopoly telecommunication infrastructure that islong gone, one based on technical distinctions—e.g., between localand long-distance calling—that are just about obsolete. As it is, thesystem does not merely reward those who use regulatory, legisla-tive, and court procedures to block competitors; it virtually compelsplayers to act in this way. Because everyone else is doing it, thosewho fail to exploit whatever competitive advantage the regulatorysystem might offer are in essence failing to act competitively. This

Page 16: Residential Access To Bandwidth: Exploring New Paradigms

6 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

is a classic game theory situation, in which the rules create disin-centives to rational cooperation among individuals, most of whommight be better off if they could agree upon better rules. Thus con-ference participants came up with suggestions for processes thatcould at long last disrupt existing incentives and move toward fos-tering competition and its attendant benefits.

The goals of implementing the new paradigm, most initially sug-gested by Thomas Reiman, senior vice president of Ameritech, butwidely supported by others, would focus and limit regulatory action to:

• encouraging new investment;

• delivering innovative services;

• protecting reasonable rates;

• ensuring dependable service;

• achieving ubiquitous connectivity or universal service,clearly defined by elected officials answerable to the pub-lic, which has to pay for any subsidies;

• maintaining consumer protection; and,

• employing the minimal amount of government regulationneeded to attain these other goals.

Overall, the point of regulatory reform, as described by KathrynBrown, chief of the Common Carrier Division at the FCC, would beto “manage the transition, while there’s a revolution occurring, toachieve some consensus.” Rather than the traditional processwhereby regulators write rules, get comments, make rulings, andthen begin a cycle of litigation, rewritten rules, more comments,and still more litigation, Brown argued that “Regulators should betraffic cops, building consensus around the rules of the road usingan interactive process of dialog.” Or in the words of Ted Jenkins,vice president of Intel, the idea is, “Get the parties together, ham-mer out a solution, certify the consensus so legislatures can acceptit quickly, and avoid court intervention.” Achieving this kind of out-come requires limiting regulation to the objectives in the above list.

These remarks capture the thrust of the key proposals forredesigning the regulatory process in the interest of a more pro-ductive and dynamic telecommunication industry. The centralshared idea is finding ways for the warring parties to get togeth-

Page 17: Residential Access To Bandwidth: Exploring New Paradigms

The Report 7

er, outside of the traditional, formal adversarial processes, toexchange ideas and come to mutually beneficial resolutions thatforestall (or at least minimize) regulatory gamesmanship and legalwrangling. The keynote is building consensus, or at least genuinecompromise, in venues that—unlike traditional regulatory set-tings—allow for rapid and frank give and take.

In some senses, the new paradigm introduces something like anauction to necessary regulatory decisions. At real auctions, partici-pants plan out their goals and the prices they are willing to pay inadvance, strategize about likely actions of competing bidders, thenmake quick incremental adjustments at the auction in response tocompetitors’ actions. At the end, some will be disappointed andothers gratified, but the decisions on allocating the auctioned goodswill be settled in a process that was fair and open. The analogy isfar from perfect. In the procedures discussed here, there is no finalarbitrating currency like money. Instead, the negotiations and com-promises will be based on the intellectual capital, the cleverness ifyou will, that parties bring to the table. And government officialswill have to act as the final arbitrators—they will have far heavierlifting to do than simply raising and lowering an auctioneer’s gavel.They will have to act as the honest brokers who weave from thedisparate positions, oblique signals and strategic maneuverings ofthe participants a common cloth of compromise. And they willhave to do this without unduly favoring players with greater con-centrations of resources or political power.

Here then are the main ideas presented at the conference thatparticipants felt might together comprise a new paradigm fortelecommunication policy and regulation. Note that the paradigmdoes not mean an end to government involvement in telecommu-nications. On the contrary, government is the one entity that canbring the processes to a productive and lasting conclusion. Withoutwise, fair, and authoritative refereeing by public officials, decisionsarising from the new processes will have—and deserve—little legit-imacy, and therefore little lasting effect. Absent the honest andskilled broker, the results of the new meetings and exchanges willbe subject to the standard rounds of dispute, decision, appeal, andmore dispute before regulatory agencies and courts.

Page 18: Residential Access To Bandwidth: Exploring New Paradigms

8 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

Develop New Procedures to Expedite Adjudication of Disputes Among Telecommunication Firms.

Gail Garfield Schwartz, vice president of AT&T Local Services,represented the perspective of many competitive local exchangecarriers (CLECs) who hope to enter the market in describing thefrustrations her firm (now a subsidiary of AT&T, but formerly theindependent company, TCG) has experienced in forging inter-connection agreements with the incumbent local exchange carri-ers (ILECs). She described the great need for alternative disputeresolution “to reduce the endless avenues of appeal” that makeachieving agreements such a lengthy process. Of course from theILEC perspective, the length of the process and the appeals ariseout of unreasonable demands being placed on them for use oftheir facilities at unremunerative rates by competitors seeking tosiphon off many of the ILECs’ most profitable customers. This verydifference in perspective, stark as it is, illustrates the need foralternative dispute resolution. The point of such procedures is togive all parties, whether carriers in conflict with each other or withgovernment regulators, incentives and means to resolve disputesexpeditiously and fairly. In this way, too, disincentives arise to uselitigation or regulatory processes mainly to delay a resolution.

Consider a concrete example of how one such mechanism mightwork. Say a firm has a problem with a particular local governmentruling. It might go to the FCC and outline its case. A 30-day periodof dispute resolution would follow, during which the FCC staffwould set up a conference call with the affected parties, includingcity officials. In this conference, the FCC would urge that the cityresolve the issue, and provide a basis for resolution in the FCC’sinterpretation of law, existing regulation, and perhaps court prece-dents. If the city agrees (with the stick of FCC preemption beingheld out as an incentive), all well and good. If not, the carrier couldpetition the FCC for an expedited ruling, one that would be forth-coming within 90 days. In this way, local government would havean incentive to come to a reasonable compromise (and to followexisting law) in order to avoid erosion of its authority to the feder-al officials. The FCC would be directed to resolve its own positionquickly, in order to forestall gaming of even this process by the par-ties to the dispute. There is already precedent for expedited FCC

Page 19: Residential Access To Bandwidth: Exploring New Paradigms

The Report 9

ruling on particular disputes (as opposed to general issues of poli-cy). According to Robert Pepper, such “rocket docket” proceduresare in use to settle some carrier-to-carrier issues.

Another concrete example is outlined by Bob Rowe, commis-sioner at the Montana Public Service Commission and chairman ofthe Communications Committee of the National Association ofRegulatory Utilities Commissioners (NARUC). He describes a “col-laborative approach” to resolving disputes arising from imple-mentation of Section 271 of the Telecommunications Act of 1996,which sets the conditions for Bell operating company (BOC)entrance into the interLATA long-distance market. The basic quidpro quo is that the Bell company must satisfy a checklist thatshows it has opened up its local market to CLECs; having donethat, it would be allowed to compete in long-distance. As of thiswriting, several BOCs have applied for certification of complianceby the FCC and all have been rejected. To say the least, this hasbeen a highly conflictful issue where the stakes are extremelyhigh, so if alternate resolution mechanisms work here, theyshould work through a wide range of issues.

Rowe’s proposed process for Section 271 reviews includes sev-eral features to be invoked when the Bell company files for certi-fication of compliance.

1An important one is agreement by parties

to stick to the pertinent issues and not try to use process to revis-it and revise other decisions. Also, there should be regional coor-dination and information sharing on such matters as what consti-tutes acceptable provision of operating supporting systems (OSS)by the BOC. States in the US West region have already done this.The development and sharing of “best practices” information canhelp avoid a large set of misunderstandings and delays. In thecase of Section 271, the FCC, NARUC, and the U.S. Department ofJustice (DOJ) have already worked up a statement of best prac-tices that “called for early notification of a BOC’s intent to file anapplication, specified the information that should be included inthe early notice, and urged simultaneous provision of informationto the state commission, the DOJ and the FCC.” The existing state-ment of best practices needs further development to improvecoordination and understanding among parties. States can usethem in conducting 14-point competitive checklist reviews.

Page 20: Residential Access To Bandwidth: Exploring New Paradigms

10 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

Most importantly, there should be a process for workingthrough the issues in less adversarial settings, before (or concur-rently with) submission of the formal application for certification.Regional information sharing allowing for coordination on suchconflictual matters as OSS provision by the BOC could help avoidreenacting the disputes and delays (and the reinvention of solu-tions) in state after state. Other benefits would include greatermutual understanding of needs and limitations of the Bell com-panies’ and competitors’ systems; a “more complete and less dis-puted” formal record for the FCC; an understanding of “what post-approval conditions, if any, might increase confidence that localmarkets are irrevocably open”; and, of course, faster entry of newcompetitors.

Expand Reliance Upon Technical Issues Conferences

As issues become more complex technically, policy and tech-nical issues get blended. Technical experts getting together couldresolve the technical issues and identify the real policy disputes.Moreover, heightened reliance upon joint technical standards con-ferences, ad hoc industry/regulatory fora involving experts,promises the ability to decide upon technical details for standardsmore straightforwardly than is possible in traditional FCC regula-tory procedures. This will not solve all standards problems. Insome areas there will be easy fixes, while in others there won’t.At least any conferences that fail to resolve technical disputes willprovide policy makers useful input. Several state commissionshave already employed technical conferences with some success.

Identify Regulatory Best Practice and Systematically DisseminateThis Information

The goal here would be to build on the claim that states arelaboratories of policy innovation through a more active programof gathering and quickly transferring information across levels ofgovernment (and between agencies within the same level). In thisway, where a “laboratory” actually succeeds, other governmentagencies would be more likely to know about it in a timely fash-ion. Some participants suggested employment of case study meth-

Page 21: Residential Access To Bandwidth: Exploring New Paradigms

The Report 11

ods to evaluate agency processes and other forms of regulatoryself-examination. Among others, NARUC and various joint feder-al-state boards sponsored by the FCC already serve to diffuseinformation about innovative regulatory practice. However, thesevenues are not designed chiefly to identify and disseminate suchinformation. The point of this proposal is to establish (perhapsunder FCC or NARUC auspices) an organization or a process thatwould have this as its core mission. Maintaining a website, andcreating a listserv and on-line discussion groups, offer furthervehicles for disseminating data on regulatory best practices.According to Bob Rowe, NARUC has now organized a “BestPractices” project,2 which will solicit and disseminate concreteexamples of improved public-sector (regulatory) or private-sector(industry) practices in a variety of areas.

Hold “Sunshine” Conferences to Clarify Positions and SeekCompromise Among Conflicting Telecommunication Interests

The conference appeared to generate a consensus on the needto enhance communication among industry participants, towardthe end of reducing regulatory delay. As Henry Geller, MarkleFoundation Communications Fellow, observed: “Ignorance ofeach industry’s problems and positions fosters inordinate delay,unreasonable actions, and avoidable litigation. Parties should befully informed of the needs and problems confronting each indus-try participant, and of options for handling these issues.” UnderFCC auspices, informal public conferences could be held to bringtogether appropriate representatives of government agencies andtelecommunication firms. Perhaps the most immediately com-pelling focus for such gatherings could be the interconnectionissues arising between ILECs and CLECs, with particular referenceto broadband deployment. Even though such an open exchangeof views will not resolve all the issues, it should in any event helpregulators identify what various parties consider best practices orinnovative ideas for policy. This could provide the basis of a bestpractices compendium, which would be of great help to the FCCand state commissions in resolving disputes.

To take a specific example, such a compendium, based on theexchange of views and experiences at the conference, could be

Page 22: Residential Access To Bandwidth: Exploring New Paradigms

12 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

helpful in conducting “last offer” arbitration efforts. Where thereis a dispute over pricing of interconnection, such procedureswould allow the CLEC immediate interconnection access even asarbitration goes on. The condition is that the CLEC post a bond toassure financial performance under the ultimate decision by thearbitrator. The compendium of best practices could be consultedby arbitration officials to see the range of reasonable intercon-nection prices and arrangements agreed to in various jurisdictionsaround the country.

Encourage Negotiated Settlements

Growing out of the regulatory sunshine conferences designed todiscover solutions that recognize the financial and economicincentives of all players, regulators should obtain broad industryand regulatory “buy-ins” to new rules before they are promulgat-ed. In this way, government officials can increase chances ofsmooth implementation. After all, the players would have all goneon record as supporting the compromise on which these new ruleswere based. In more specific instances of conflict, say on inter-connection, arbitration could be combined with negotiation to has-ten settlements between ILECs and CLECs. The incumbent and acompetitive LEC could agree in an informal forum on a fee sched-ule for conditioning lines and other services necessary for the lat-ter to launch service. Arbitration could then follow if unresolvedinterconnection issues continue to block the competitor’s entry.

Undertake Systematic Efforts to Stimulate Demand For Broadband

The government has a variety of means at its disposal to stim-ulate demand for and use of broadband communication net-works. If nothing else, accelerating demand enlarges the pie ofavailable revenue, makes investment appear less risky, and thuscould reduce slightly the incentive to spend a firm’s resources onstifling the other guys rather than on getting its services into themarketplace. The government might expand demand for broad-band through its own equipment and telecommunication servicepurchases. Just as for business and electronic commerce, there is

Page 23: Residential Access To Bandwidth: Exploring New Paradigms

The Report 13

enormous room for expansion of government’s use of on-linetransactions of all kinds. For example, electronic filing of incometaxes is already commonplace, and it could be made more so byuse of a user-friendly Web site. Not incidentally, this step couldoffer enormous financial savings to the IRS and the postal service,and even preserve a few forests worth of paper. In this and othercases, for government to take steps toward demand stimulationshould not require any net drain on the public treasury. On thecontrary, other mechanisms, such as tax incentives or grants forexperimentation by other institutions (nonprofits, schools anduniversities, hospitals) would cost money in the short run. But inthe longer run, adoption of telecommunication technology shouldgenerate efficiencies that will enhance social welfare and augmenteconomic growth—and thereby contribute to tax revenues.

Bob Rowe and others also described efforts by state commis-sions and others to support local community and economic devel-opment programs in rural and underserved areas. These effortsrecognize telecommunications as crucial to overcoming rural dis-advantages of distance and disaggregation, and to capitalize onother community strengths. Tools include developing inventoriesof community resources and needs, aggregating loads, develop-ing competitive bids, and piggybacking other efforts.

Actions Under Existing Regulatory ProceduresIn addition to recommending a new paradigm, the conference

discussed moves that should be taken even within the currentregime. The main theme of these suggestions is reducing regula-tion wherever possible. Most participants agreed that federal andstate government should forbear from regulation that inhibitsbroadband entry, and should intervene only if broadband tech-nology is not reaching the market in an expeditious manner. Withrespect to broadband data services, this means making reductionof regulatory uncertainty for the ILECs and others as soon as pos-sible a top priority. For example, there was strong support for theFCC’s bringing its Section 706 rulemaking to conclusion within sixmonths of its announcement in August 1998.3 In addition, confer-ence attendees endorsed having states adopt broadband-encour-aging policies as soon as possible.

Page 24: Residential Access To Bandwidth: Exploring New Paradigms

14 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

Of course, the real issues lay in the details, and several didreceive attention as requiring early resolution for broadband toflower. Many participants mentioned the potential phasing out ofthe unbundled network element (UNE) regulatory regime gov-erning the ILECs. The majority believed it possible and desirablewithin the confines of the Telecommunications Act of 1996 to for-bear from regulating the ILECs’ digital subscriber line access mul-tiplexers (DSLAMs), including any unbundling and discountingrules, even if ILECs’ own broadband services are not operated bya separate subsidiary. This latter requirement is envisioned in theFCC’s Section 706 proposals.4

Others felt such forbearance should only be allowed if theILECs are demonstrably fulfilling requirements to unbundle localloops and provide co-location for CLECs’ telephone service offer-ings. With respect to ILECs, if the incumbent carriers do establishseparate subsidiaries to operate broadband services, as the FCChas proposed, most at the conference felt the offerings shouldthen be unregulated. This is clearly a major and contentious issuethat could benefit from the kind of new regulatory mechanismsdiscussed previously.

Of course the telephone companies are not the only onesbeginning to offer broadband to the home. Cable companies areimportant players in this market. Some participants felt that therate regulation of cable television systems should cease, as sched-uled (March 1999) in the 1996 Act, and that more generally soci-ety will benefit if government forbears from regulation of cablecompanies. However, Robert Pepper, chief of the FCC’s Office ofPlans and Policy, argued that rate regulation is largely symbolic:it’s been limited to the “basic” (lowest) tier of service which nomore than a fifth of subscribers take. John Windhausen, GeneralCounsel of the Competition Policy Institute, noted that even thislimited amount of rate regulation may provide a restraint on cablefirms’ taking advantage of their current local market power.Moreover, some participants pointed out that cable could be seenas exerting monopoly control over a bottleneck facility. BrucePosey, vice president of US West, asked why telephone compa-nies but not cable face interconnection regulations, suggestingneither really ought to be regulated given the competition

Page 25: Residential Access To Bandwidth: Exploring New Paradigms

The Report 15

between them: “What’s the distinction between copper and coaxgoing to the home?” But others emphasized the perspective ofinvestors. The stock and bond markets assume that rate regulationwill end in March 1999, and that cable in general faces a light reg-ulatory regime. According to Ellen Berland Gibbs, president ofCRI Media Partners and others, any reversal of that policy, how-ever symbolic, would raise the cost of capital and discourage newinvestment in cable. In this way, they said, maintaining rate regu-lation—or placing new regulatory obligations or restrictions oncable—would undermine the objectives of encouraging invest-ment and competition in residential broadband.

A related proposal, again one that generated a mixed response,was to encourage broadband deployment via wireless technolo-gies. This would be accomplished by making more spectrumavailable as technically feasible, and by allowing more flexiblespectrum use for broadcasters and others. Thus, for example,broadcasters might choose to use some of their spectrum alloca-tions for video and another portion for wireless communication,including perhaps broadband access. This would inject morecompetition into the market and enhance economic efficiency,assuming that broadcasters know the highest, most profitable usesfor the spectrum they control. Opponents argued this actionwould be unfair to current personal communication service (PCS)and other firms, many of which paid dearly for spectrum at pub-lic auction. It would give broadcasters in particular an even morevaluable commodity than they already received via the 1996 Act,which deeded them, free of charge, what is to all intents and pur-poses licenses in perpetuity to spectrum designated for digitaltelevision. No resolution was reached.

Some discussion also arose over the wave of mergers andacquisitions hitting the telecommunications sector. Henry Geller,communications fellow of the Markle Foundation and former FCCgeneral counsel, noted that mergers involving the large ILECsrequire balancing both benefits and detriments to the public inter-est. From the perspective of the conference, the important issueis whether the proposed merger would have a positive impact ondeployment of advanced telecommunication capabilities. Gellermade a recommendation that in weighing costs and benefits to

Page 26: Residential Access To Bandwidth: Exploring New Paradigms

16 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

the public, government should not make such deployment a con-dition of merger approval. The decision to invest in any particu-lar capabilities should be left to business judgment of the firms,not the government. But the FCC and state-level officials canproperly insist that the merged entity will adopt and promptlyimplement the established policies for interconnection. Parties tothe merger should therefore be required to show in detail theircommitment to carry out these policies, Geller urged. These sug-gestions did not generate any dissent. He further observed thatstates such as California have adopted the policy of requiringmodest contributions by the merged firm to fostering community-based applications of advanced telecommunication services.Geller said that this may well be a sound step toward diffusion ofthese services. As “laboratories,” states should evaluate and pub-licize the efficacy of any such steps, he said, and use the infor-mation in fashioning their own policies.

Modernizing Universal ServiceThe third primary focus of the conference was to elaborate sug-

gestions for adapting the universal service tradition to what is pre-sumed to be a broadband future. The basic premise shared bymost participants was that government should create a market testfor determining when residential broadband service becomesubiquitous enough to meet the implied standard of theTelecommunications Act of 1996. The test would be appliedthrough systematic monitoring of broadband service diffusion.Once past the market threshold, public policy should implementmeans-tested and carefully targeted universal service subsidies forbroadband connection and service.

Among the societal needs cited as justification for universal ser-vice support for broadband connectivity were:

• providing emergency and medical services;

• delivering educational services;

• using residential network connections to allow work athome, enabling substantial savings on physical plantinvestment by employers, and on both individual andsocietal costs imposed by commuting;

Page 27: Residential Access To Bandwidth: Exploring New Paradigms

The Report 17

• the pressures of globalization and the resulting need toenhance competitiveness of the U.S. population;

• access to employment and consumer information;

• potential enhancement of citizen participation; and

• preventing emergence of a serious chasm between theinformation haves and have-nots.

There was some discussion about the potential downside, asBruce Posey put it, of having large numbers of “isolated individ-uals at the computer terminal instead of out in society.” JonChambers, vice president of Sprint Spectrum, was among thosewho suggested another drawback of diving headlong into the dig-ital age: that spending money on broadband may not be the wis-est use of resources for all these goals. Even if there are educa-tional uses of the Internet, for example, it might serve educationbetter to invest society’s resources in smaller classes and higherteacher pay than on bandwidth access. Moreover, there is a dan-ger, cited by Barbara O’Connor, director of the Institute for theStudy of Politics and Media at California State University,Sacramento, that using broadband for education could itself openup a two-class system. Elite students might receive the deluxebrand of schooling, in-person, with professors they can actuallyget to know. Meanwhile, less affluent students could be con-signed to programs that rely fully on cheaper, impersonaltelecommunication-based courses that give a new and undesir-able meaning to “distance education.” This is not to deny thepotential advantages of harnessing telecommunication for educa-tional and other uses, only to point out the dangers that even thebenefits could pose of creating more inequality.

The issue of inequality thus deserves more scrutiny.Preliminary indications suggest that an undesirable gap betweenthose who are comparatively information rich and those who arerelatively information poor may indeed already be arising. TheNational Telecommunications and Information Administration(NTIA) released a study on July 28, 1998, based on census datafor 1997 entitled, “Falling Through The Network II: New Data OnThe Digital Divide.”5 It reveals the increasing but uneven pene-tration of communication and information technology to the

Page 28: Residential Access To Bandwidth: Exploring New Paradigms

18 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

home. As of 1997, 93.8 percent of households have telephones,36.6 percent have personal computers (PCs), 26.3 percent havemodems, and 18.6 percent have on-line access. Although tele-phone diffusion held steady since the last study in 1994, PC own-ership increased 51.9 percent, modem ownership grew 139.1 per-cent, and e-mail access rose 397.1 percent. And the increaseshave occurred among all groups of the population. Yet what theNTIA calls the “digital divide” between some groups ofAmericans expanded between 1994 and 1997. The agency’sreport cites the rising gap between upper- and lower-incomehouseholds and between whites on the one hand and blacks andLatinos on the other. However, another recent report, “ClosingThe Digital Divide: Enhancing Hispanic Participation in theInformation Age,” asserts that the gap between Latinos andwhites is not increasing.6

Unfortunately, the NTIA study does not present a multivariateanalysis of the forces influencing the gap, but a series of univari-ate tables suggests the most powerful are education, income, eth-nic status, and urban-rural place of residence. Income appears tobe a powerful variable; households earning $10,000–$14,000 hada PC ownership rate of 47.7 percentage points lower than thoseearning $50,000–$74,999. Unsurprisingly, education also seems toexert strong influence: College graduates are 10 times more like-ly to own a PC than those without high school diplomas, and 22times more likely to enjoy on-line access. The variables seem toact together in some cases. Thus when it comes to having on-lineservice, urban households earning over $75,000 are 22 times morelikely to subscribe than rural households earning $5,000–$10,000(50.3 percent versus 2.3 percent). At incomes below $15,000, 90.3percent of whites, but 76.3 percent of blacks, and 78.4 percent ofHispanics have telephone service. The gaps between white andblack or Hispanic ownership of PCs widened at all income levelsbetween 1994 and 1997. The effects of income and ethnicityappear to be magnified by rural residence; more than a quarter oflow-income black and Hispanic households in rural areas don’teven have telephones, let alone on-line access.

Of course, similar stories could be told about other, older infor-mation technologies. Book ownership and readership, newspaper

Page 29: Residential Access To Bandwidth: Exploring New Paradigms

The Report 19

subscriptions, and art museum attendance are all stratified bysocioeconomic status. These differences provide a reason toexpect the kinds of gaps arising for newer technologies, but nota reason to accept them. The possibility now exists that those inthe higher social strata will leverage their networked communica-tion capabilities to achieve a vast increase in social, economic,and political power—after all, such an enhancement is the centralpremise in optimistic scenarios of the information society—whilethose in the lower strata will fall still farther behind. Thehave/have-not gulf could become wider than it ever did when themain distinction between the more and less informed groups wasreading good books and newspapers.

Such a situation is undesirable in a democratic system for manyreasons, including the ultimate cost to social stability and eco-nomic growth of rising class disparities. According to an article inthe National Journal, between 1979 and 1995, incomes of thepoorest fifth of households dropped by 21 percent, while risingby 30 percent for the top fifth.7 A recent survey found economiststracing 45 percent of this gap to information technology, with therest of the change attributed to five other causes. Although someeconomists deny that the wage gap has grown substantially overthe last decade or so, and there are some indications that it hasnarrowed since 1995, most agree that information technologycould be a force that heightens disparity. As the BentonFoundation noted in its report “Losing Ground Bit By Bit” (1998):“Advances in telecommunications are speeding the exodus ofgood jobs from urban areas to the suburbs, leaving inner citiesand rural areas more isolated than ever from the kinds of jobs,educational opportunities, quality health-care services, and tech-nological tools that they need to be able to contribute to the over-all economy.” One economist’s empirical study found that thewage gap in a company grows by 10 percent for every doublingof investment in computers. In a similar way, even if poor schooldistricts spend as much as rich to provide students Internet-capa-ble computers, it is predictable that, all else equal, the wealthierstudents will use it more effectively.

For decades, government policy was informed by the desire tomaintain “universal service,” which in practice meant ensuring

Page 30: Residential Access To Bandwidth: Exploring New Paradigms

20 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

low residential rates for telephone service (even in sparsely set-tled rural areas where the true monthly cost could exceed $100),and provision of free broadcast radio and television. The newtechnology complicates the policy, but the 1996 Telecommu-nications Act gave voice to the consensus that universal servicemust be redefined to encompass residential access to advanced,broadband networked communication services.

The complicated question, of course, is exactly how to achievethis objective. Conference attendees generally agreed that anacceptable test for when to implement a new universal servicepolicy might look like the following:

Once broadband technology is available to 50 per-cent of homes in a state and reaches adoption by70 percent of those homes, regulators should con-sider the creation of portable means-tested creditsfor those who cannot afford broadband technolo-gy monthly service rates. These percentages aresubject to discussion in each jurisdiction.

Attendees were at pains to insist that the new subsidy programmust not resemble traditional telephone universal service fundsubsidy funds, much of which go to companies rather than indi-vidual users and often benefit affluent households. Instead, thenew universal service subsidies would be targeted only to indi-viduals in need, and the money would go directly to them ratherthan service providers or carriers. In addition, whereas the currentregulated pricing structure contains many hidden or obscuredsubsidies (e.g., from urban to rural users and business to residen-tial), the new subsidy system should be based as much as feasi-ble on explicit levies that do not distort prices.

Participants disagreed on whether subsidies should be limitedto use of broadband for nonentertainment purposes. Establishinga defensible and enforceable distinction between entertainmenton the one hand and news or information on the other presentsreal difficulties. Given the political volatility of such Internet andmedia content issues as violence, obscenity, and pornography, wecan predict that separating informative from merely entertainingor even damaging media content will be joined energetically

Page 31: Residential Access To Bandwidth: Exploring New Paradigms

The Report 21

whenever subsidies are implemented. Also unclear in the confer-ence deliberations and potentially controversial is whether subsi-dies should cover the basic access charge or usage as well.However, as with telephone service, basic broadband access maycome with substantial or even unlimited use of nonpremium ser-vices. Current practice for cable modems and DSL seems to be tocharge a flat rate for unlimited connection time. On the otherhand, many of the services now free (often advertiser-supported)on the Internet could be converted to a payment basis in thefuture, making the question of usage subsidies more pertinent.

One other wrinkle: some participants suggested that all thisworry over subsidies could be misplaced. Even though universalservice necessitated subsidization in the old telephone regulatoryregime, natural market forces may work to make affordableaccess to broadband nearly ubiquitous. After all, as Robert Pepperpointed out, cable television wires pass 95 percent of U.S. homes,even though they have never been subsidized. Although localfranchise agreements did help ensure that cable firms would wireeven the poorest neighborhoods and not engage in “redlining,”market experience actually shows that poor areas often have highsubscribership without subsidies. And Sheila Mahony, senior vicepresident of Cablevision Systems, reported that her firm will beupgrading its facilities to broadband everywhere, including allneighborhoods it serves, over the next six to eight years. Perhapsthe safest observation is that any subsidy program installed mayturn out to be less expensive than one might initially predict.

Aside from subsidizing individual residential users who cannotafford to pay the full cost of broadband access, policy enunciatedin the 1996 Act establishes a so-called “E-rate” program to providelow-cost Internet connections (not necessarily broadband) forschools and libraries. Participants unanimously agreed that thisprogram merits continuation, despite the considerable criticismthat has been directed its way. They suggest some changes in theprogram, most importantly earmarking a portion of federaltelecommunications excise tax revenue for providing computertechnology to schools and libraries. First priority for these subsi-dies would be poor communities. Schools and libraries, whatevertheir financial status, would have to match any federal grant

Page 32: Residential Access To Bandwidth: Exploring New Paradigms

22 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

received from this excise tax allocation. Because equipment is asmuch a problem as network connection for many school andlibrary districts, participants also suggested providing federal andstate tax incentives to corporations that donate or discount newor used (such as off-lease) computers. The value of the donatedequipment could be used to help schools and libraries fulfill thematching requirement for the connection subsidy. A related movewould have state and local governments encourage expansion orestablishment of computer recycling programs that would makeused computers discarded by organizations and businesses avail-able to low-income households.

It is worth noting that Market Data Retrieval has written a reportsuggesting that more attention should be paid to training teachersin the best uses of computing and connectivity. The study foundthat 85 percent of schools have Internet access, and 44 percent ofclassrooms have one or more computers connected to theInternet. Yet a clear majority of schools (60 percent) said that two-thirds of their faculty don’t use the Internet in instruction, andnearly half the schools (46 percent) said two-thirds don’t utilize acomputer for “instructional planning and/or teaching.”8 It wouldseem an urgent task for policy makers (though perhaps nottelecommunications policy makers) to find ways to make thetechnology more useable and useful—and actually used in theclassroom. Lacking this effort, the criticism noted earlier, thatinvestment in telecommunication hardware and software may bemisdirecting public funds better used for smaller class sizes orother needs, will retain significant punch.

More generally, this study suggests that merely providing hard-ware and seemingly seductive capabilities may not be enough toget everyone involved in use of broadband services. Assuming wesolve the problem of paying for access to everyone’s home, thereremain perhaps thornier issues of inducing them to use and ben-efit from that access. After all, unlike the average residential user,teachers are virtually all college graduates, and they presumablyhave strong incentives to use the technology—to make theirteaching more effective or easier. Yet still, it appears, large seg-ments if not majorities of them fail to make much use of comput-er and information technology. On the other hand, one reason

Page 33: Residential Access To Bandwidth: Exploring New Paradigms

The Report 23

may be that typical 28- or 56-kbps dial-up access to the Internetis so frustratingly slow and limited that teachers find the capabil-ities of the Internet less compelling than they would with realbroadband access. This is a good example of the chicken-eggproblem that always confronts adoption of new technologies:demand is restricted by the limitations of early versions of thetechnology, but until demand grows sufficiently, there is insuffi-cient profit incentive for companies to invest in upgrading andvanquishing the limitations. That is why demand stimulation, out-lined as one of the steps in the new regulatory paradigm,becomes an important component ultimately in visions of univer-sal service. The more paying customers, the more investment inadvanced and broadband capabilities, and the more attractive andaffordable those capabilities will become to a wider range of con-sumers.

ConclusionAs is typically the case with Aspen Institute telecommunications

policy conferences, much was debated, less was settled. However,the three general themes did generate something surprisinglyclose to consensus. That is, almost (but not quite) all participantsbelieved residential broadband service is a desirable and attain-able goal in the relatively near term. All who spoke endorsed theurgent need to move toward a new regulatory paradigm featuringmore informal and flexible opportunities to exchange informationand settle conflicts. And most supported the need at the minimumto monitor the spreading uses of residential broadband and, ifserious inequities develop, to implement a subsidy program thatwill reduce them. It is up to all parties concerned to cooperate inthe joint interest of making this optimistic but seemingly achiev-able vision a reality.

Page 34: Residential Access To Bandwidth: Exploring New Paradigms

24 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

Endnotes

1 See Robert Rowe, “Collaborative Approach May Enhance Section 271 Review: AProposal for Discussion,” NARUC Quarterly Review vol. 19, no. 2, pp. 123–5.

2 The project is housed on the National Regulatory Research Web page,http://www.nrri.ohio-state.edu.

3 At the time of publication, it seems unlikely that this issue will be resolved within sixmonths of the announcement of Section 706, by February 1999.

4 FCC 98-187, Notice Of Inquiry Concerning the Deployment of AdvancedTelecommunications Capability to All Americans in a Reasonable and Timely Fashion,and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of theTelecommunications Act of 1996, CC Docket 98-146, released August 7, 1998(http://www.fcc.gov/ccb/706/) and FCC 98-188, Memorandum Opinion And Order, AndNotice Of Proposed Rulemaking, CC Docket 98-147, released August 7, 1998(http://www.fcc.gov/ccb/706/).

5 An electronic version of this report can be accessed at: http://www.ntia.doc.gov/ntia-home/net2/.

6 Anthony Wilhelm, Closing The Digital Divide: Enhancing Hispanic Participation in theInformation Age (Claremount, CA: Tomas Rivera Institute, April 1998).

7 Neil Munro, “For Richer and Poorer,” National Journal, 18 July 1998, pp. 1676–80.

8 Pamela Mendels, “Schools Get Internet Access, But How do Teachers Use It?” New YorkTimes, 14 October 1998 (CyberTimes).

Page 35: Residential Access To Bandwidth: Exploring New Paradigms

APPENDIX

Page 36: Residential Access To Bandwidth: Exploring New Paradigms
Page 37: Residential Access To Bandwidth: Exploring New Paradigms

Thomas Barry Senior Vice PresidentFederal RelationsSBC Communications, Inc.

Kathryn Brown ChiefCommon Carrier BureauFederal Communications Commission

Jonathan Chambers Vice PresidentExternal AffairsSprint Spectrum LP

Alan Ciamporcero Vice PresidentRegulatory AffairsGTE

Robert Entman Professor of CommunicationDepartment of CommunicationNorth Carolina State University

Gordon (Don) Evans Vice PresidentFederal Regulatory AffairsBell Atlantic

Charles M. Firestone Executive DirectorCommunications and Society ProgramThe Aspen Institute

Henry Geller Communications FellowThe John and Mary R. Markle

Foundation

The Thirteenth Annual Aspen Institute

Conference on Telecommunications Policy

Conference Participants

August 9-13, 1998Aspen, Colorado

27

Note: Titles and affiliations are as of the date of the conference.

Page 38: Residential Access To Bandwidth: Exploring New Paradigms

28 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

Ellen Berland Gibbs PresidentCRI Media Partners

Adam Golodner Chief of Staff and CounselorAntitrust DivisionU.S. Department of Justice

Steven Gorosh Vice President and General CounselNorthPoint Communications

Ted Jenkins Vice President and DirectorCorporate LicensingIntel

Marlene Johnson ChairpersonDistrict of Columbia

Public Service Commission

Jessica J. Josephson Former DirectorDepartment of Telecommunications &

Information ServicesCity and County of San Francisco

Deborah Lathen ChiefCable Services BureauFederal Communications Commission

Joel Lubin Regulatory Vice PresidentAT&T

John B. Lynn DirectorGlobal Telecommunications PolicyOffice of Government Affairs EDS Corporation

Sheila Mahony Senior Vice PresidentCommunications and Public AffairsCablevision Systems Corporation

Susan Ness CommissionerFederal Communications Commission

Note: Titles and affiliations are as of the date of the conference.

Page 39: Residential Access To Bandwidth: Exploring New Paradigms

Appendix: List of Participants 29

Alex Netchvolodoff Vice PresidentPublic PolicyCox Enterprises

Eli Noam Professor of Finance and EconomicsColumbia Institute for Tele-InformationGraduate School of BusinessColumbia University

Barbara O’Connor DirectorInstitute for the Study of Politics

and MediaCalifornia State University

Robert Pepper ChiefOffice of Plans and PolicyFederal Communications Commission

Bruce Posey Vice PresidentFederal RelationsUS West, Inc.

Thomas Reiman Senior Vice PresidentPublic PolicyAmeritech

Dan Reingold First Vice PresidentGlobal Telecommunications ResearchMerrill Lynch & Co., Inc.

Robert Rowe CommissionerMontana Public Service Commission

Jonathan Sallet Senior Vice PresidentChief Policy CounselMCI Communications Corporation

Gail Garfield Schwartz Vice PresidentPublic Policy and Government AffairsTeleport Communications Group

David Turetsky Vice PresidentLaw and RegulatoryTeligent

Note: Titles and affiliations are as of the date of the conference.

Page 40: Residential Access To Bandwidth: Exploring New Paradigms

30 RESIDENTIAL ACCESS TO BANDWIDTH: EXPLORING NEW PARADIGMS

John Windhausen, Jr. General CounselCompetition Policy Institute

Staff:

Patricia Kirsch Program CoordinatorCommunications and Society ProgramThe Aspen Institute

Sunny Sumter Program CoordinatorCommunications and Society ProgramThe Aspen Institute

Note: Titles and affiliations are as of the date of the conference.

Page 41: Residential Access To Bandwidth: Exploring New Paradigms

About the Author

Robert M. Entman is a professor of communications at NorthCarolina State University. During the fall 1997 semester he was theLombard visiting professor at the Kennedy School of Government,Harvard University. Formerly on the faculties of Duke Universityand Northwestern University, he holds a Ph.D. in political sciencefrom Yale University and an M.P.P. in policy analysis from theUniversity of California, Berkeley. Dr. Entman is the author or co-author of numerous books and articles, including DemocracyWithout Citizens: Media and the Decay of American Politics(Oxford University Press, 1989), Media Power Politics (Free Press,1981) and the forthcoming Living Black and White: Media andRace in America (University of Chicago Press). Dr. Entman hasserved as rapporteur of The Aspen Institute Conference onTelecommunications Policy for the past 13 years.

31

Page 42: Residential Access To Bandwidth: Exploring New Paradigms
Page 43: Residential Access To Bandwidth: Exploring New Paradigms

Previous Publications of The Aspen Institute Conference on

Telecommunications Policy

All are authored by Robert M. Entman

Competition, Innovation and Investment in Telecommunications,(1998).

Implementing Universal Service After the 1996 Telecommunica-tions Act, (1997).

The Communications Devolution, (1996).

Strategic Alliances and Telecommunications Policy, (1995).

Local Competition: Options for Action, (1994).

Competition at the Local Loop: Policies and Implications, (1993).

Toward Consensus on American Telecommunications Policy,(1992).

Shaping the Future Telecommunications Infrastructure: IdealVisions and Practical Policies, (1991).

33

Page 44: Residential Access To Bandwidth: Exploring New Paradigms
Page 45: Residential Access To Bandwidth: Exploring New Paradigms

The Aspen InstituteCommunications and Society Program

The overall goal of the Communications and Society Programis to promote integrated, thoughtful, values-based decision mak-ing in the fields of communications, media, and information pol-icy. In particular, the Program focuses on the implications of com-munications and information technologies on democratic institu-tions, individual behavior, instruments of commerce, and commu-nity life.

The Communications and Society Program accomplishes thisgoal through two main types of activities. First, it brings togetherleaders of industry, government, the nonprofit sector, media orga-nizations, the academic world, and others for roundtable meetingsto assess the impact of modern communications and informationsystems on the ideas and practices of a democratic society.Second, the Program promotes research and distributes confer-ence reports to decisionmakers in the communications and infor-mation fields, both within the United States and internationally,and to the public at large.

Topics addressed by the Program vary as issues and the policyenvironment evolve, but each project seeks to achieve a betterunderstanding of the societal impact of the communications andinformation infrastructures, to foster a more informed and partic-ipatory environment for communications policymaking, or to pro-mote the use of communications for global understanding. Inrecent years, the Communications and Society Program has cho-sen to focus with special interest on the issues of electronicdemocracy, lifelong learning and technology, electronic com-merce, the future of advertising, and the role of the media indemocratic society.

The Program also coordinates all of the activities of the Institutefor Information Studies, a joint program with Nortel Networks, andengages in other domestic and international Aspen Institute initia-tives related to communications and information technology andpolicy.

35

Page 46: Residential Access To Bandwidth: Exploring New Paradigms

Recommended