roundtable: ALLIANCE OBJECTS TO NTIA REPLY

roundtable: ALLIANCE OBJECTS TO NTIA REPLY

ALLIANCE OBJECTS TO NTIA REPLY

AllianceCM@aol.com
Wed, 26 Apr 1995 19:26:36 -0400 

Date: Wed, 26 Apr 1995 19:26:36 -0400
From: AllianceCM@aol.com
Message-Id: <950426183043_97402584@aol.com>
To: ROUNDTABLE@cni.org
Subject: ALLIANCE OBJECTS TO NTIA REPLY


FOR IMMEDIATE RELEASE
April 27, 1995	

ALLIANCE FOR COMMUNITY MEDIA CALLS DEPARTMENT OF COMMERCE VIDEO DIALTONE
PROPOSAL "AN EPHEMERAL OFFER"

     The Alliance for Community Media characterized the Department of 
Commerce's April 17th Reply Comments in the Federal Communications 
Commission's rulemaking on Video Dialtone and cable-telco cross-ownership 
as an endorsement of an "ephemeral offer."  In a letter to Secretary of 
Commerce Ron Brown and NTIA Assistant Secretary Larry Irving, Barry 
Forbes, Executive Director of the Alliance, expressed his opposition to 
the Department's proposal, which explicitly rejects mandatory public, 
educational and governmental ("PEG") access to the video dialtone platform 
in favor of a scheme which will permit free or incremental-cost access at 
the sole discretion of the platform operator.

     The NTIA's proposal is based on a plan by Bell Atlantic to offer such
voluntary "will-carry" access in areas where it has proposed to offer video
dialtone service.  However, Bell Atlantic has stated that only four analog
channels will be set aside, that they will be subject to termination at the
discretion of Bell Atlantic, and that they will be eliminated altogether as
Bell Atlantic switches to an all-digital network. 

     "This ephemeral offer [of voluntary carriage of PEG signals] may 
further Bell Atlantic's public relations and lobbying objectives," Forbes 
wrote in his letter to Secretary Brown and Assistant Secretary Irving, 
"but it does not make a meaningful contribution to our nation's 
telecommunications policy."

     The Alliance also expressed concerns about the NTIA's suggestion that 
the FCC promulgate a regulatory regime for the proposed voluntary program.  
The regulatory scheme would create application time-windows for, and set
numerical caps on, the number of "preferred entities" (including PEG 
access stations) that could take advantage of the voluntary proposal.  
"The regulatory scheme makes sense in the context of a mandatory 
requirement, but won't work for a voluntary program," stated Forbes.  
"Why would the FCC want to mandate a cap for voluntary activities in 
which VDT providers are, in any case, extremely unlikely to participate?  
The Regional Bell Operating Companies (RBOCs) most interested in providing 
VDT have been aggressively resisting obligations to carry any PEG access 
programming.  Imposing regulatory guidelines of this sort on a voluntary 
regime would undoubtedly have the effect of scaring off the few VDT 
operators that might have been otherwise inclined to participate in the 
program." 

     On the other hand, Forbes observed, many of the RBOCs seem to be 
losing interest in VDT, citing an announcement in the April 26th's 
Washington Post that Bell Atlantic has asked the FCC to suspend 
consideration of its outstanding VDT applications.  In that sense, events 
may have overtaken the Commerce Department's -- and the FCC's -- position 
on VDT.   "We have continually stated publicly, including in our most 
recent comment to the FCC, that the whole concept of VDT was nothing more 
than the Regional Bells' way of getting around the cable-telco cross-
ownership ban.  Now that the ban has proven unconstitutional, the RBOCs 
are starting to move away from VDT and back toward a cable regime for 
their video services, and we have been proven right," said Forbes.

     The Alliance has continually expressed its opposition to regulating
video-by-wire under Title II of the Communications Act because it fails to
protect local public property rights or allow for PEG access.  "Title VI 
is by far the better way to recognize the property rights of cities and 
towns, and the interests they have both in acquiring adequate compensation 
for their rights-of-way, and in ensuring that local communications networks 
meet local needs," stated Forbes.

     Title II, the so-called "common-carrier provisions," cede most 
regulation of property rights and non-commercial access to state law.  
"A few states are pretty good about regulating telecommunications in the 
public interest," stated Forbes.  "Many of them are not.  A uniform 
national regime which gives all cities and towns the legal right to charge 
video providers for their use of property is a far better regime than the 
haphazard, often anachronistic legislation of the states.  Some state laws 
are nothing more than blatant nineteenth-century political giveaways to 
the telephone and telegraph companies of the times.  That's no way to make 
a 21st century telecommunications policy."

     Nonetheless, the Alliance continues to endorse a concept of 
television by wire which allows for open access to all service providers 
and which includes generous non-commercial access provisions.  "We want a 
non-commercial 'lane' on the information  highway, for groups that would 
not otherwise have access to advanced telecommunications services.  We 
continue to propose a regulatory scheme that combines the on-demand, open 
access, high capacity requirements of Title II with the PEG access and 
franchise requirements of Title VI.  The principles of open network 
platforms, non-commercial access, and adequate compensation for local 
public rights-of-way should be the overriding concerns of 
telecommunications policy-making for the coming century."

     The Alliance for Community Media is a national, non-profit membership
organization committed to assuring everyone's access to electronic media. 
The Alliance accomplishes this by disseminating public information, 
advancing a positive legislative and regulatory environment, building 
coalitions, and supporting local organizing. Founded in 1976, the Alliance 
represents the interests of over 950 public, educational and governmental 
("PEG") access organizations and local origination cable services 
throughout the country. The Alliance also represents the interests of 
local religious, community, charitable and other organizations throughout 
the country who utilize PEG access channels and facilities to speak to 
their memberships and their larger communities.

-- 30 --
_________________________________________________

Alliance for Community Media
666 11th Street, NW, Suite 806
Washington, DC 20001-4542
Voice:	(202) 393-2650
Fax:		(202) 393-2653
E-mail:	AllianceCM @ aol.com

"Ensuring everyone's access to electronic media
since 1976."

Barry Forbes, Executive Director
"Do what's right. Do it right. Do it right now."
_________________________________________________

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