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Telecom laws need to be updated
townhall.com ^ | July 16, 2005 | Congressman Mike Pence

Posted on 07/17/2005 7:31:37 AM PDT by RLM

There is one often overlooked item on the 109th Congressional agenda that is critical to our economy and our American system of free enterprise. I am talking about updating our nation’s telecom laws to unleash billions of dollars in new investment and economic growth, to renew America’s global competitiveness and to put consumers, rather than the government, in charge of our innovation economy.

When Congress last revisited the nation’s telecom laws in 1996, the Internet was in its infancy, cell phones were rare, few people had personal computers outside of work and cable companies provided solely television service while phone companies gave you only your dial tone. Today, technology has brought an explosion in consumer choices, value and innovation. Cable, wireline, wireless and satellite companies all are competing directly to meet your communications needs—from Internet, to digital television to voice. Congress has done a good job keeping regulatory and tax burdens low on emerging technologies, like Internet telephone service, making new advances more rapidly available to more Americans.

Unfortunately, this hands-off approach has not been extended to all competitors in today’s communications marketplace. The 1996 Telecom Act was written for a world in which only cable providers could compete with other cable providers, and only phone companies could compete with one another. Technology has obliterated those distinctions—to the benefit of consumers who now can make choices across a variety of communications technologies. Yet the laws on the books have not caught up with this technology-driven reality, tilting investment and the market advantage toward newer technologies not mired in outdated rules.

Some have proposed increasing the regulations on every competitor to level the playing field. I could not disagree more. In a competitive marketplace, consumer choices should guide the evolution of technology, not a "government knows best" approach. Similarly, where a compelling justification exists for limited regulation, such as to ensure affordable basic access to a dial tone or to uphold law enforcement and public safety needs, then the burden should be borne by all competitors, rather than a select few. Otherwise the government continues to distort the marketplace, and companies that uphold public objectives are essentially penalized for doing so.

Updating our almost decade-old telecom laws also could unlock billions of dollars in investment, infusing our economy with new jobs and GDP growth and helping the United States boost its global competitiveness. According to a study commissioned by the U.S. Chamber of Commerce, unleashing market-based competition in today’s communications sector could bring 212,000 new jobs and $634 billion in GDP growth over the next five years alone.

Currently, the United States ranks 13th in the world in broadband deployment, down from 11th in just one year. How is it that the country that invented the Internet is falling so rapidly behind? I believe the answer is not lack of American ingenuity, but heavy-handed, outdated government policy.


TOPICS: Business/Economy; Government
KEYWORDS: 109th; government; issues; pence; regulation; technology; telecom
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I’m not sure how to interpret the objectives of the Congressman. In spite of the advances in technology, the primary providers of basic telephone service still have a solid monopoly. It’s also evident that every time these mega companies merge, the de facto monopoly becomes larger, and service degrades further. Still, I’m fundamentally for a free market in an industry that is highly regulated with layers of perverted financial management, caused by myriads of public utility and similar entities allowing surcharges, guaranteed rates of return on equity and investment, and subsidies for social causes.

So, while I tend to agree with the Congressman, I’m troubled by terms such as “affordable local access, public safety needs, and uphold of law enforcement”. Instead of building these social subsidies in the rate structure of individual companies, they must not be continued as such, but the cost must be borne as a separately identifiable tax for specific services, something like the 9-1-1 surcharge in California. Consequently, dial tone, or any other service, would cost the same, regardless of use, such as personal or business, discounts based on volume only. When I buy gasoline, the dealer doesn’t ask me if it’s for business or personal use, nor does he provide “affordable” fuel at a discounted price to assure “universal” fuel availability to low income buyers.

So, if I could fully understand what the Congressman intends, I might agree. Unfortunately he mixes social issues in his objectives that should be totally separated from the rate structure.

1 posted on 07/17/2005 7:31:37 AM PDT by RLM
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To: RLM

Telcom, Cable laws need updating and the FCC needs to either reform or just go away....


2 posted on 07/17/2005 7:32:44 AM PDT by MikefromOhio (Tancredo is sinking....give me a brick.....)
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To: MikeinIraq

When th FCC started to get more attorneys than engineers, things went downhill.


3 posted on 07/17/2005 7:52:57 AM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: SERKIT

yep...pretty much...

like it is ludicrous that I should be stuck with the Dayton local channels and can't get the Columbus local channels on DirecTV.

Dayton sucks :)


4 posted on 07/17/2005 7:54:15 AM PDT by MikefromOhio (Tancredo is sinking....give me a brick.....)
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To: RLM
So, while I tend to agree with the Congressman, I’m troubled by terms such as “affordable local access, public safety needs, and uphold of law enforcement”.

As well you should be. Those are weasel words for "let's give the ILECs a priviledged place."

Make the ILECs sell off their networks and make everyone a CLEC, and encourage overbuilding. THEN take of the regulations.

5 posted on 07/17/2005 7:56:55 AM PDT by Haru Hara Haruko
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To: Haru Hara Haruko
So, while I tend to agree with the Congressman, I’m troubled by terms such as “affordable local access, public safety needs, and uphold of law enforcement”.

As well you should be. Those are weasel words for "let's give the ILECs a priviledged place."

Make the ILECs sell off their networks and make everyone a CLEC, and encourage overbuilding. THEN take of the regulations.


I don't think so. The ILECs are forced to subsidize "affordable public access, public safety needs, and ... law enforcement measures." Thus, under the old model, long distance subsidized local, urban subsidized rural, business subsidized residential. The competitors (CLECs) have no such obligations so they can underprice the ILECs every time. For example, let's say the ILEC charges a business customer $10 each month for unlimited local access. Let's assume that the cost of that service to the ILEC is $7, that $2 of the charge is used to subsidize basic residential local service in the state and other things the regulators deem worthy of subsidy, and that the remaining $1 is the ILEC's profit margin. CLECs today get to lease ILEC equipment at "cost" (actually, it's way below cost because the FCC requires the "costs" to be calculated based upon a hypothetical network that instantly incorporates all the latest technology). So the CLEC's actual cost of providing the service to the same business customer is below $7. Additionally, the CLEC has no obligation to subsidize or even to serve poor or rural residential customers--they can, and do, "redline" such nonprofitable customers. What this means is that the CLEC can price the service at $9 and still make more than $2 profit. If the ILEC meets that price, there is NO profit. How is that protecting the ILEC?

It makes me laugh to hear CLECs (I assume you work for one or invest in one) whine about ILECs' privileged position. Such assertions ignore not only the heavy cost of the socialist subsidies ILECs must bear--they also ignore CLECs' absolute refusal to assume ANY such obligations, making their complaints not only inaccurate but hypocritical.

A few more points. "Make the ILECs sell off their networks" for the benefit of CLECs represents a complete disregard for the rule of law and property rights, much like the recent Supreme Court decision upholding the condemnation of houses for private developers.

"Encourage overbuilding" means encourage the building of new networks. The reason why this is a problem is the FCC's original decision, in implemention the 1996 Act, to give CLECs the right to lease the entire ILEC network at rates no greater than the incremental cost of a make-believe state-of the-art network. This meant that it was ALWAYS cheaper for a CLEC to lease the existing network and just change the name on the bill rather than build a competing network. (Talk about corporate welfare.) This created the illusion of competition but the reality of a bunch of parasitic resellers all using the same wires. (Thank you FCC Chairman and Al Gore buddy Reed Hundt.) If you want competing networks, you have to wean the CLECs off the crack cocaine of below-cost leasing of the ILEC networks.

"THEN take off the regulations"--this reveals the CLEC strategy--keep the ILECs regulated, but not the CLECs, for the foreseeable future.

If a CLEC wants to be taken seriously in this debate, it should advocate regulatory parity, not demand that the ILEC be tied down with government regulations, obligated to subsize the CLEC, and subject to seizure of its property.
6 posted on 07/17/2005 8:48:37 AM PDT by mondonico
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To: Haru Hara Haruko
Make the ILECs sell off their networks and make everyone a CLEC, and encourage overbuilding. THEN take of the regulations.

Extremely well said. The ILEC's are parasites on our society. And because they cannot compete on tier own merits they spend huge amounts of money on lobbying and legal teams to thwart competition with a primary goal to return the US to a "one provider with rate of return" telecom landscape.

In Las Vegas we are cursed with Sprint's local telephony services. They are by far, the worst of the bunch.

Case in point. There is no DSL for the majority of the city. No DSL! Even my friend in Baja California has DSL!
7 posted on 07/17/2005 8:48:47 AM PDT by off-roader
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To: off-roader

I am so sick of the bloated bureaucracy of
Bell South, I'd be for another round of antitrust against the so-called Baby Bells.


8 posted on 07/17/2005 9:14:51 AM PDT by ClaireSolt (.)
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To: off-roader

That approach is called "structural separation." It would not reduce the incentive of modernizing the network because the network operator would have to fend off overbuilders and keep their CLECs happy.


9 posted on 07/17/2005 10:09:26 AM PDT by Haru Hara Haruko
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To: RLM
Currently, the United States ranks 13th in the world in broadband deployment, down from 11th in just one year. How is it that the country that invented the Internet is falling so rapidly behind? I believe the answer is not lack of American ingenuity, but heavy-handed, outdated government policy.

All the countries ahead of us have massive government subsidies (and in some cases have nationalized) telecom services.

We as a country need to decide whether or not we want everyone to have broadband, or we want broadband services to only be delivered where profitable.

10 posted on 07/17/2005 10:34:19 AM PDT by va4me
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To: mondonico
A few more points. "Make the ILECs sell off their networks" for the benefit of CLECs represents a complete disregard for the rule of law and property rights, much like the recent Supreme Court decision upholding the condemnation of houses for private developers.

Not a bit. The same shareholders would own the same assets, split into two entities, or they would be free to choose ownership of one or the other entity.

Part of the former ILEC would be a CLEC. So saying this is "for the benefit of the CLECs" means it is also for the benefit of that part of the former ILEC.

And if hidden subsidies become more difficult to hide - what is wrong with that? Want an end to what you call the "crack of below cost networks?" Structural separation is, of course, the ultimate answer.

11 posted on 07/17/2005 12:41:01 PM PDT by Haru Hara Haruko
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To: Haru Hara Haruko

Do you or your firm hold any investments in CLECs?


12 posted on 07/17/2005 6:50:57 PM PDT by mondonico
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To: mondonico

No, but it is pretty clear you are bought-in to the ILEC weltanschauung.

In my view there is blame to go around: The CLECs have been incompetent opportunists, and the ILECs have been greedy and corrupt - for example, looking the other way as their unioninzed employees sabotage non-union ILECs' gear. But the ILECs are the biggest problem and biggest bribers of politicians.


13 posted on 07/17/2005 8:18:45 PM PDT by Haru Hara Haruko
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To: va4me

Separate the ILECs from the network. They are the clot, the problem. Not a lack of subsidies. What ever benefitted from subsidies? Computer memory? Remember THOSE subsidies? Fat lot of good that did.


14 posted on 07/17/2005 8:23:16 PM PDT by Haru Hara Haruko
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To: Haru Hara Haruko

When CLECs stop basing their business plans on the subsidy provided by below-cost forced leasing of the ILEC network, I'll take them seriously. Non-facilities-based competition is a feel-good mirage Reed Hundt concocted for Al Gore's benefit.


15 posted on 07/17/2005 8:48:46 PM PDT by mondonico
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To: Haru Hara Haruko

"Separate the ILECs from the network"-- and how exactly will that foster overbuild and thus facilities-based competition? It'll just institutionalize the current Potemkin-village reseller "competition."

If you want the benefits of real competition, you can't just change the name on the phone bill and the address to where the check is sent. But that's exactly what you advocate when you call for structural separation. Under that scenario, everyone would still be using the same network. Your CLEC friends would reap a little more unearned reward from the ILECs' past investment, but from the consumer perspective nothing would change.

So it appears that your complaint isn't the lack of innovation that would result from overbuild and facilities-based competition--you're just annoyed that the CLECs don't get bigger margins when they slap their name on the phone bill and collect payments from customers for providing the same service over the same wires without adding any value whatsoever.


16 posted on 07/17/2005 8:58:52 PM PDT by mondonico
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To: Haru Hara Haruko

"What ever benefited from subsidies"?

Nothing. And that's why CLECs shouldn't be subsidized by ILECs through below-cost UNE rates. In fact, that's why they should invest in their own facilities. We'd all benefit.


17 posted on 07/17/2005 9:03:02 PM PDT by mondonico
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To: mondonico

Yes, there are some CLECs that richly deserved their melt-down. But the rise of MVNOs shows that non-facilities-based competitors are valid. In wireless or wireline service, an xVNO can add plenty of value, if only in providing less abysmal customer service, and less greedy and abusive terms of service.

So if a level playing field is so good, you should like structual separation. Remember, it is the shareholders that own the network, not unions or the self-perpetuating management at ILECs.


18 posted on 07/17/2005 9:41:00 PM PDT by Haru Hara Haruko
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To: RLM

bttt


19 posted on 07/18/2005 12:15:18 AM PDT by hattend (Alaska....in a time warp all it's own!)
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To: mondonico
In fact, that's why they should invest in their own facilities.

Won't happen until all competitors are paying the real price of the underlying network, and not hiding behind regulatory and union incumbency enhancements. That is the idea behind structural separation.

Until structural separataion happens, ILECs get to define "cost" in the most anticompetitive way possible.

20 posted on 07/18/2005 7:24:38 AM PDT by Haru Hara Haruko
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