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Senator crafts revamp of 1996 telecom law

By Jim Duffy , NetworkWorld.com , 07/28/2005

A U.S. senator this week introduced legislation that some say is a first step in reworking the Telecommunications Act of 1996.

Sen. John Ensign (R-Nev.) submitted the Broadband Consumer Choice Act of 2005, a bill that seeks to ease regulation on service providers as they invest in IP-enabled broadband services, such as IP TV. Carriers are looking to offer high-speed IP-based video services like IP TV in an effort to better compete with cable companies offering voice-over-IP services. Telcos and cable providers are on a collision course as they look to control the converged services -- voice, video and data -- access pipe into homes and businesses.

Supporters say the Ensign bill is the first significant update to U.S. telecommunications law since the 1996 Telecom Act, which sought to open up incumbent networks to competitors. Some lawmakers are considering rewriting or even dismissing the 1996 bill as communications technology advances and voice, video and data convergence takes hold.

"The Ensign proposal would bring telecommunications law up to date so that consumers can make their own decisions in the marketplace free of the heavy hand of government," said Herschel Abbott, BellSouth vice president Governmental Affairs, in a statement. "It will speed the deployment of competitive video services and provide, at last, vibrant competition in video."

"We commend Sen. Ensign for crafting legislation that seeks to promote competition and innovation and treats like services alike," said Kyle McSlarrow, president and CEO of the National Cable and Telecommunications Association. "While there are specific provisions we would want to work on with Senator Ensign, this is an important and constructive step forward."

Key aspects of the Ensign bill are:

* The elimination of the requirement that video service providers obtain a cable franchise agreement in order to provide video service.
* Establishment of federal consumer protection standards to ensure timely and quality carrier service.
* Assured consumer access to Internet-based phone service.

“We must not allow government regulations to be an anchor on the advance of technology if we want America to lead the world in the information age,” Ensign said in a statement. “This bill will create jobs, stimulate the economy, and increase consumer choice."

Ensign is now seeking support for his bill from other lawmakers. He gave no timetable for passage or moving the bill forward.

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