[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Notices]
[Pages 43178-43179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21729]


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FEDERAL COMMUNICATIONS COMMISSION

[FCC 98-187]


Inquiry Concerning Advanced Telecommunications Capability

AGENCY: Federal Communications Commission.

ACTION: Notice of inquiry.

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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]
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