Open Access in CCSF

Report to

Telecommunications CommissionDecember 20, 1999

Agenda

Purpose & Objectives General Considerations Draft Detailed Report Outline Developments Policy Options Next Steps

Purpose & Objectives

Events leading up to tonight– BOS Resolution– Information gathering– Draft report

Tonight’s objectives– Review draft & discuss policy options– Receive Commission & public input

General Considerations

Non-discriminatory access to– Content on the Internet (information)– Broadband access services (transport)

BOS Resolution generally supports Directed to report back re: developments DTIS focused on implementation Application to all cable franchises

Draft Detailed Report Outline

Definitions Background Developments Broadband Services & Market Policy Considerations Policy Options

Definitions

Background

BOS Resolution Sources of Information

– RFI October 1999– Commission’s Public Hearing November 1999– Electronic forum, public documents, tours, and

meetings with industry experts Project Time Line

Developments

Judicial Regulatory Legislative Other Jurisdictions Technical

Broadband Market Place

Residential/Small Businesses Alternatives– Cable Modems– Digital Subscriber Line (DSL)– Wireless – Satellite– Electric Utilities

Broadband ISP Market

Policy Considerations

Opportunities for Discrimination– Current restrictions– Content bias– Restricting access to content– Prominence of information

Access for people with disabilities

Policy Considerations

Necessity: What is at stake for consumers?– Competition

Transport ISP Services

– Incentives for investment– Incentives for innovation– Alternative means

Policy Considerations

Feasibility: Can we effectively impose?– Technical issues– Regulatory issues– Additional costs– Timing considerations

Policy Options

Access to content– Adopt specific requirements– Maintain general requirements– Possible broader applicability

Access to broadband transport services– Monitor for possible future implementation– Require by January 1, 2003– Require now

Open Access to Content

Option 1: Adopt Specific Requirements– Require cable companies & affiliated ISPs

Treat all Internet traffic equally Prohibit blocking or limiting access Prohibit making it more difficult or cumbersome

– Access through single click on icon– Require local peering– Require access for people with disabilities

Open Access to Content

Option 2: Adopt General Requirements– Maintain current AT&T franchise language– Apply to all franchises

Possible broader application

Access to Broadband Transport

Option 1: Monitor for Possible Future Implementation– Annual reporting requirement

Deployment Penetration Customer Services Voluntary agreements Acceptable use policy

– Beginning 2001, recommendations to BOS

Access to Broadband Transport

Option 1: Monitor for Possible Future Implementation– Impose if

Develop market power Discriminate against outside content Fails to enter into voluntary arrangements Required to offer elsewhere Provides poor service quality

Access to Broadband Transport

Option 2: Require by January 1, 2003– Avoids delaying initial deployment– Industry can address technical & business issues– Reduces costs– Coincides with large scale deployment– Cable operator can have lifted if all are true

Consumer has @ least 2 broadband substitutes Voluntary agreements w/unaffiliated ISPs exist Treats all traffic equally

Access to Broadband Transport

Option 3: Require Now– Access to transport @ rates, terms and conditions

as favorable as self & affiliates– Provided at

Point where provides access to itself & affiliates Any reasonable, technically feasible point

– Between user & his/her ISP interconnection– Enforcement options

Private right of action By the City

Next Steps

Incorporate input Receive final input from City Attorney Develop recommendations Complete report NLT January 15th Commission takes action January 24th BOS considers report & Commission action

QUESTIONS?