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Authorizing the National Association of State Utility Consumer Advocates to support open access to cable facilities used to provide telecommunications services.

WHEREAS, The United States Court of Appeals for the Ninth Circuit has determined that the transmission of traffic between Internet Service Providers and Internet service subscribers over cable broadband facilities is a telecommunications service under the Communications Act;
WHEREAS, Title I, Section 3 (44) of the Communications Act states that, as a provider of telecommunications services, a telecommunications carrier shall be treated as a common carrier to the extent that it is engaged in providing telecommunications services;

WHEREAS, Title II, Section 202 (a) of The Communications Act stipulates that it shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage;
WHEREAS, the Telecommunications Act of 1996 requires local exchange carriers to provide open and non-discriminatory access to competitors;

WHEREAS, permitting the owners of cable facilities used to provide telecommunications services to engage in discriminatory treatment of Internet service providers would violate the Communications Act and would unreasonably restrict the ability of consumers to utilize the Internet service providers of their own choosing; and
WHEREAS, telecommunications services are subject to both federal and state regulatory jurisdiction;

THEREFORE, BE IT RESOLVED, that the National Association of State Utility Consumer Advocates (NASUCA) supports a policy of open access to cable facilities used to provide telecommunications services;
THEREFORE, BE IT ALSO RESOLVED, that NASUCA may advocate a policy of open access to cable facilities used to provide telecommunications services before the Federal Communications Commission, and other appropriate forums; and

BE IT FINALLY RESOLVED that the Executive Committee of NASUCA is authorized to take all steps consistent with this Resolution in order to secure its implementation;

APPROVED BY NASUCA: Submitted by: NASUSA Telecommunications Committee

San Diego, California
Place

November 14, 2000

National Association of State Utility Consumer Advocates
8380 Colesville Road, Suite 101, Silver Spring, MD  20910
Phone: (301) 589-6313 Fax: 589-6380
e-mail: nasuca@nasuca.org