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CPT on "Inside Wiring" of Cable Networks



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INFORMATION POLICY NOTE
April 2, 1996 - Customer Premise Equipment and Cable Networks
	 	Cable Modems/ Interoperability

-	These are some brief comments we filed with the FCC in a docket about
"inside wiring" for cable systems.  It is in response to a petition from
the Media Access Project (MAP) and the United States Telephone Association
and Citizens for a Sound Economy Foundation.  MAP is one of the best
public interest groups working on telecommunications issues in Washington,
DC.  The MAP petition asks the FCC to adopt rules that give consumers
greater rights to buy their own "customer premise equipment"  for cable
system -- basically making the rules the same as they are now for
telephone service.  The FCC Notice of Proposed Rule Making (NPRM) is found
at: 

 http://www.fcc.gov/Bureaus/Cable/Notices/fcc95504.txt

	Our comments support the MAP petition.  The most interesting part
of our comments concern a problem that occurred in a US West TeleChoice
Interactive network in Omaha Nebraska.  US West sought to prevent small
businesses from using the network as providers of information services, by
refusing to release information needed to develop software that was
interoperable with the US WEST broadband network.  US WEST is now a very
important cable operator, with a large ownership interest in Time-Warner,
and the recent acquisition of Continental Cablevision.  US West is also a
partner with TCI in cable venture in England.  The Omaha story involves a
small high technology firm called Cottonwood (http://www.cottonwood.com). 
We also talk briefly about potential problems with cable modems.  Here are
our comments. 
   james love (love@tap.org; 202/387-8030). 

    
                        Before the
             FEDERAL COMMUNICATIONS COMMISSION 
                 Washington, D.C.  20554

FCC 95-504

In the Matter of		)
Telecommunications Services   	)     CS Docket No. 95-184
Inside Wiring   		)
Customer Premises Equipment	)


INSIDE WIRING

1.	Introduction

	The Consumer Project on Technology offers comments on 
the Commission's  Notice of Proposed Rulemaking (NPR) on 
"Inside Wiring" for cable systems.  We are particularly 
interested in the impact of this rulemaking on the future of 
broadband cable systems, or the new generation of 
information services delivered over cable modems.  We are in 
agreement with the Media Access Project (MAP) and other 
petitioners who seek rules that would give consumers the 
right to obtain customer premises equipment (and software) 
from third parties, and prevent cable companies from 
exercising the same type control over interactive services 
that they have exercised in the past over traditional one-
way closed cable systems.  It is essential that the 
Commission begin to address these issues as the industry 
moves forward on the development of new network designs.  It 
is also true that the Commission's older rules for common 
carrier video dialtone systems were in need of changes to 
prevent the firms who own the broadband carriage facilities 
from exercising undue monopoly power over the provision of 
information systems to the residential market, harming 
consumers and unaffiliated information providers.

2.	The USWEST TeleChoice Interactive network in Omaha 
Nebraska

The recent experience with the  US West TeleChoice 
network in Omaha Nebraska is instructive.  USW sought to 
develop a broadband fully interactive network that would 
permit video on demand and many new digital information 
services.  USW built this project around a proprietary "set-
top" technology.   Firms were invited to develop information 
services that would be delivered over the TeleChoice 
network. US West sought "partnership" and "affiliation" 
arraignments with content providers, and it also sought to 
prevent unaffiliated firms from obtaining full access to the 
network.  

Under the Commissions Video Dialtone (VDT) rules US 
West was supposed to operate the Omaha TeleChoice network as 
a common carrier, giving unaffiliated information providers 
an equal opportunity to compete against the US West 
offerings.
US West sought to circumvent the Commission's common 
carriage rules by offering consumers a proprietary "set-top" 
device that controlled access to programming.  US West 
prevented unaffiliated programmers from using the customers' 
US West set-top device by withholding information about the 
software interface.  Firms that did not negotiate special 
"affiliate" agreements with US West were not given the 
information which was needed to create services that would 
be interoperable with the US West set-top device.  Consumers 
could not navigate the unaffiliated program offerings 
without purchasing a second set-top device, at an estimated 
cost of several hundred dollars.

One programmer, Cottonwood, sought to offer two 
interactive multimedia services over the US West Omaha 
TeleChoice network that would have offered competition to 
services offered by US West or its affiliated programmers.  
One of the services was an advertiser supported multimedia 
presentation of real estate for sale.  Another was a health 
information service that would have been supported by 
various health care providers.  In both cases the services 
would have been free to the consumer.  While Cottonwood 
would have been able to lease a tariffed digital channel for 
programming,  the Cottonwood services would not have been 
available to the consumer without the purchase of a non-US 
West set-top.  This deterred Cottonwood, a small business 
with a high technology product, from offering service in 
competition with US West.  For more information about the 
Cottonwood experience with US West, contact Cottonwood at 
402-341-1488, or on the Web at http://www.cottonwood.com.

	While the US West problems occurred under a VDT trial 
which was subsequently significantly reduced in scope by US 
West, it illustrates the types of problems that the 
Commission should anticipate, particularly now that US West 
is one of the largest investors of cable services in the 
United States.


3.	Cable Modems
	
We are very interested in the development of cable 
modems.  We hope that cable modem technology will be an 
important open platform for the next generation of 
information services.  However, we are concerned that 
several cable companies have indicated that the customer 
will not be permitted to purchase their own cable modems, or 
more generally, install their own customer premise equipment 
(CPE).  This will prevent consumers from have the 
opportunity to select CPE that best suits their needs.

In our discussions with the cable industry we have been 
told of various plans for the deployment of cable modems.  
Some schemes would have the cable companies require the 
consumers to use proprietary software to use the cable 
Internet service..  One company told us that they did not 
want consumers to have the ability to offer their own home 
pages from their home servers, and that this would be a 
special service offered by the cable company.  There are 
also various proposals by the cable operators to create 
special high speed servers for information service 
providers, that offer superior performance to that offered 
by ordinary Internet connections.  We have not seen the 
details of these schemes, but we are concerned that the 
cable companies may attempt to limit the functionality of 
cable modems in order to favor services offered by 
affiliated providers.

We urge the Commission to adopt the strongest possible 
measures which insure that consumers have the most 
competitive options for obtaining CPE, including cable 
modems, with are fully interoperable with the network 
services.  This is necessary to promote competition among 
value added services, and to facilitate the development of 
new innovative products and services.


Sincerely,



James Love
Director
Consumer Project on Technology
P.O. Box 19367
Washington, DC 20036
http://www.essential.org/cpt
Voice: 202/387-8030

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