NTIA/RUS
Roundatable
on
Nondiscrimination
and
Interconnection
Obligations
Statement
of
Gigi
Sohn
President,
Public
Knowledge
March
23,
2009
Thank
you.
The
plain
language
of
the
American
Recovery
and
Reinvestment
Act
requires
those
who
receive
grant
monies
from
NTIA
to
use
them
for
networks
that
are
non‐discriminatory
and
which
interconnect
with
other
networks.
With
this
language,
Congress
expressed
a
clear
preference
for
open
networks,
which
have
been
the
driving
force
behind
the
kind
of
innovation,
job
creation
and
economic
empowerment
that
is
the
core
purpose
of
the
stimulus
bill.
Public
Knowledge
believes
that
in
exchange
for
such
an
extraordinary
government
benefit,
grant
recipients
must
not
degrade,
prioritize
or
discriminate
against
any
lawful
content,
application
or
service
transmitted
over
the
recipients’
Internet
access
service,
subject
to
a
rule
of
reasonable
network
management.
Anything
less
would
give
taxpayers
an
inadequate
return
on
their
investment.
Nondiscrimination
was
a
core
requirement
for
communications
networks
for
70
years
—
indeed,
it
was
the
first
thing
Congress
put
into
the
Communications
Act
of
1934.
The
FCC’s
four
principles
are
insufficient
to
ensure
non‐discriminatory
networks,
because
they
do
not
address
cases
where
a
network
provider
prioritizes
or
favors
certain
content,
applications
and
services
over
others.
Thus,
we
urge
the
NTIA
to
ensure
that
there
is
an
explicit
prohibition
against
discrimination,
and
to
pre‐approve
any
network
management
scheme
to
ensure
that
it
is
non‐discriminatory.
The
interconnection
requirement
is
equally
important.
NTIA
should
craft
a
requirement
that
is
consistent
with
Section
251(c)
of
the
Communications
Act.
This
would
require
a
grant
recipient
to
provide
interconnection
at
any
technically
feasible
point
within
the
requesting
provider’s
network
that
is
at
least
equal
in
quality
to
that
provided
to
any
party,
on
non‐discriminatory
rates,
terms
and
conditions.
A
grant
recipient
would
also
be
required
to
provide
unbundled
access
or
permit
2
line
sharing
for
competitors.
For
wireless
carriers,
interconnection
should
include
roaming
negotiated
at
commercially
reasonable
rates.
The
ARRA
commands
the
Rural
Utilities
Service
to
give
priority
to
applicants
that
will
deliver
consumers
a
choice
of
more
than
one
service
provider.
We
see
no
reason
why
NTIA
should
not
do
the
same.
Thus,
we
ask
that
NTIA
prioritize
projects
that
build
shared
infrastructure.
In
closing,
I
want
to
address
the
main
argument
that
large
network
providers
make
against
nondiscrimination
and
interconnection
requirements
—
that
they
somehow
will
deter
providers
from
investing
in
their
networks.
But
the
evidence
is
to
the
contrary.
For
the
70
years
that
the
law
required
non‐discrimination,
network
providers
invested
—
some
would
say
overinvested
—
in
their
networks.
Today,
large
network
providers
claim
that
their
networks
are
open,
yet
they
continue
to
invest
—
for
example,
AT&T
recently
announced
that
in
2009
it
will
invest
$17‐18
billion
in
its
broadband
infrastructure.
Clearwire,
a
smaller
wireless
network
provider
which
has
a
business
model
based
on
openness,
is
investing
between
$1.5
and
1.9
billion
in
2009.
As
3
important,
non‐discriminatory
networks
encourage
investment
for
the
content,
applications
and
services
at
the
edge
of
the
network.
Without
this
investment
at
the
edge,
the
Internet
would
not
be
the
critical
national
infrastructure
that
it
is
today.
Thank
you.
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