Firm Petitions FCC in Support of Cable Leased Access for ISPs

Internet Ventures seeks to open 'monopolistic' cable franchises to competitive market.

ISP-Planet staff [June 3, 1999]

Service provider Internet Ventures, Inc. yesterday announced the filing of a petition for declaratory ruling with the Federal Communications Commission on the issue of cable leased access carriage for Internet Service Providers.

In the filing, Internet Ventures asked the FCC to confirm "that Section 612 of the Communications Act [of 1934, as amended] requires that cable operators provide leased access channels to ISPs," in order to provide the public with immediate access to high-speed broadband Internet services.

"There are 5,000 local ISPs, many of which are willing to provide such service at once, dramatically increasing the diversity of information sources available to subscribers," the petition states. "They can do so only if cable operators permit them access to their channels."

"The FCC has stated that it will 'not hesitate to promote competition and reduce barriers to infrastructure investment so that all companies have market-based incentives to invest, innovate and meet the needs of all consumers,'" the petition continues.

IVI filed the petition following five months of unsuccessful attempts to gain leased access carriage for its PeRKInet® Broadband Internet service on the Spokane cable system of TCI of Washington. TCI has challenged IVI's application based on the assertion that leased access regulations apply only to traditional television video programmers. IVI has faced (but overcome) similar obstacles with leased access applications in California and Colorado.

The IVI petition points out that advances in Internet video delivery have made possible Web transmissions of video programming that meet the FCC definition of "programming provided by, or generally considered comparable to, programming provided by a television broadcast station." It further points to the growing number of broadcast stations that simulcast programming on the Internet.

Internet Ventures asserts that a favorable ruling by the FCC would bring consumers the benefits of diverse video programming and information sources, without their having to wait for—or pay for—extensive cable plant upgrades. Equally important, leased access would offer consumers the service and pricing benefits that result from a competitive marketplace.