Networking World: Misunderstanding the fundamentals

NETWORK WORLD NEWSLETTER: GIBBS & BRADNER
09/27/05

Dear networking.world@gmail.com,

In this issue:

* Net Insider columnist Scott Bradner takes a look at how
congress plans to take a shot at telecom reform
* Links related to Gibbs & Bradner
* Featured reader resource
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Today's focus: Misunderstanding the fundamentals

By Scott Bradner

In mid-September the House Energy and Commerce Commission took
its first shot at trying to set the ground rules for telecom
reform. The commission was apparently trying to produce a more
balanced starting point than the strongly pro-carrier bill
proposed by Sen. John Ensign (R-Nev.). (See my earlier column,
"Making Verizon giddy"
<http://www.networkworld.com/nlgibrad7522> )

Three Republicans and two Democrats spearheaded the effort,
which succeeds in being a bit less of an incumbent local
exchange carrier rescue plan than Ensign's proposal. But the
bipartisan plan does get some of the basics wrong, so it is too
soon to tell whether something helpful will result.

The new document <http://www.networkworld.com/nlgibrad7523> is a
staff discussion draft and, I hope, will undergo significant
modification before it is formally introduced. This draft
proposes federal regulation of broadband data and video
providers and of VoIP providers that would preempt any state or
local regulations. But the definitions in the draft are somewhat
funny. It says, "broadband Internet transmission service" (BITS)
is a service that offers "the transmission of information in a
packet-based protocol, including TCP/IP protocol or a successor
protocol, regardless of facilities used." Likewise, a "broadband
video service" is one that offers a "two-way, interactive
service," with or without fee, to the public "regardless of the
facilities used" and "integrates, on a real-time and subscriber
customizable basis, a video programming package" and "integrates
the capability to access Internet content of the subscriber's
choosing. The draft also defines a "VoIP service" to be a
"packet-switched voice communications service . . . effectively
available directly to the public, regardless of the facilities
used; and enables a subscriber to send or receive voice
communications . . . over a broadband transmission service to or
from any subscriber with a telephone number . . . or other
identification method as designated by the commission."

The draft would require all BITS, broadband video and VoIP
service providers to register with the government before they
could offer service (there is a grace period for providers
already in business).

What's wrong with this picture? Note that none of the
definitions require a facilities-based service provider. All of
these services can be offered over any infrastructure that
supports IP. In theory, service providers anywhere in the world
could provide them all, as long as there is sufficient bandwidth
in the communications path. The draft does not seem to
understand this basic feature of the Internet.

Also, the U.S. has never required registration of Internet-based
service providers, and such a move would have a big, and
negative, impact on service innovation. Based on the current
wording, Apple would have to register in order to provide iChat
service.

The draft does have good words about BITS providers not getting
in the way of subscribers' use of the Internet. It also warns
not to "block, impair, or interfere with the offering of, access
to, or use of" Internet content or services and specifically
permits governments to offer these services to the public as
long as they follow the same rules as commercial providers.

If the House staff ever figures out how the Internet works and
redoes the draft to separate regulation of physical plant from
regulating - where actually required - services that use that
physical plant, we might get somewhere.

Disclaimer: Harvard has schools that debate the need or non-need
for regulations, but I did not ask them about this article. So
the above separation plea is my own.

Bradner is a consultant with Harvard University's University
Information Systems. He can be reached at
<mailto:sob@sobco.com>.

The top 5: Today's most-read stories

1. McAfee, Omniquad top anti-spyware test
<http://www.networkworld.com/nlgibrad6954>
2. Ransomware: How big is your risk?
<http://www.networkworld.com/nlgibrad7712>
3. How to solve Windows system crashes in minutes
<http://www.networkworld.com/nlgibrad7713>
4. Mass. finalizes plans to phase out Office
<http://www.networkworld.com/nlgibrad7714>
5. The rise of the IT architect
<http://www.networkworld.com/nlgibrad7170>

_______________________________________________________________
To contact: Scott Bradner

Bradner is a consultant with Harvard University's University
Information Systems. He can be reached at <mailto:sob@sobco.com>

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This newsletter is sponsored by Sybase
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Gibbs archive:
http://www.networkworld.com/columnists/gibbs.html

Bradner archive:
http://www.networkworld.com/columnists/bradner.html
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Networking World

Tuesday, September 27, 2005

Misunderstanding the fundamentals

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