Tauzin-Dingell Bill Good for ISPs

One online advocate, the USIIA, issued an alert notifying ISPs that the Internet Freedom and Broadband Deployment Act of 2001, also known as H.R. 1542, is good for ISPs, "especially small and mid-sized service providers."

by Dave McClure USIIA President and CEO [May 24, 2001]

For more on the USIIA, see the ISP-Planet profile. Current USIIA concerns also include H.R. 1017 Anti-Spamming Act of 2001, H.R. 237, the Consumer Internet Privacy Enhancement Act, and H.R. 1410, the Internet Tax Moratorium and Equity Act. Please note that tracking numbers and content of Senate bills differ from numbers and content of House bills. This alert is a sample of the advocacy that the United States Internet Industry Association, an ISP association, engages in. The article includes the latest markup language of H. R. 1524, known colloquially as the "Tauzin-Dingell bill." The legislation was modified by the House Commerce Committee this week and the USIIA argues that it is good for ISPs. We urge ISP owners and operators to read the actual legislation to determine what is right for your business.

Update on HR 1542, the "Tauzin-Dingell Bill"
HR 1542, the "Internet Freedom and Broadband Deployment Act of 2001," has been amended to include the clarifications USIIA requested of the House Energy and Commerce Committee. It has also seen substantial strengthening of the pro-ISP portions of the bill.

Based on the version of the bill that was approved in Committee, USIIA endorses passage of the bill and strongly recommends that ISPs support it. A copy of the latest version follows this alert.

Much has been written about this bill—mostly by opponents of the ILECs, and most of it deliberately vague or misleading. Adam Thierer of The Cato Institute does a credible job of summing up its contents:

"The bill . . . takes small but important steps to liberalize the broadband marketplace by allowing the incumbent local telephone exchange carriers (or "Baby Bells") to offer Internet and data services across long-distance boundaries. The Bells are currently not allowed to serve the long-distance voice marketplace without the approval of state and federal regulators. The amended version of the bill would also somewhat limit the line-sharing requirements placed on the Bells by the Telecommunications Act of 1996, but it would still require them to share certain portions of their networks with competitors. "

Thierer also notes that, "a vociferous and remarkably acrimonious public advertising campaign has been launched by opponents of the bill. . . Policymakers and the general public are more than a little confused about what these ads really mean since the ads speak in vague generalities about how best to 'promote competition' and 'encourage investment'. "

The Tauzin-Dingell bill represents some of the strongest support for ISPs ever set forth in legislation. The bill's guarantees of continued exemptions at the FCC, consumer choice, open access to telephony networks, non-discriminatory pricing and mandatory deployment of central office equipment can only help ISPs—especially small and mid-sized service providers.

ISPs should consider the following actions:

1. Read the bill. The most recent version, as reported out of the House Energy and Commerce Committee, is attached to the end of this alert. USIIA would rather you read the bill and form your own opinion of Internet legislation, so that you are not mislead or misinformed. If you have questions regarding the language, please contact USIIA so that we can assist you.
2. When discussing the bill with opponents to its passage, ask them to show you specific language in the Act that is harmful to the interests of ISPs (as distinct from the interests of long-distance companies and CLECs). Pay particular attention to Section 5, which outlines the benefits to ISPs.
3. Consider what the bill will do for your ISP business and its customers. HR 1542 for the first time sets into law some of the guarantees that ISPs need in order to thrive. This bill, for the first time, codifies mandatory non-discriminatory access for ISPs to ILEC-provided DSL. This is open access on a level not offered by CLECs, DLECs, cable companies or satellite/wireless companies.
4. Send a letter of support for deregulation of broadband to the House Energy and Commerce Committee, referencing Bill HR 1542. Fax the letter—Congress still does not read email messages. The fax number for the House Energy and Commerce Committee is (202) 225-1919.

The issue in supporting this legislation is whether ISPs support open access and deregulation of broadband networks in order to ensure themselves a place as competitors in the broadband Internet market. USIIA urges you to do what is right for your business and your customers, and support HR 1542.

—End

Editor's note:
Please take a moment to read HR 1542 in its current markup language. HR 1542 is in route to the House Judiciary Committee for further discussion and will then be sent to the House floor for debate. If it passes the House, the legislation would also have to pass the Senate before the bill is sent to the President to be signed into law.

Go to Page 2: H.R. 1542 As Amended >

Related articles:
	[May 23, 2001]	ISP-Planet Association Profiles
	[Apr. 27, 2001]	Internet Freedom and Broadband Act: Undigital, Unnecessary, and Unfair
	[Apr. 19, 2001]	H.R. 2420 Lives as H.R. 1524