Telephone companies’ DSL service is subject to Title II constrain...

on regulatory treatment to Internet over cable. “Imposing those constraints -- and the costs associated with them -- on cable for no other reason than to achieve regulatory parity will… make consumers unequivocally worse off by raising the price or lowering the quality of cable modem and DSL service. SBC Communications urged FCC to establish uniform national regulatory policy for all broadband services, whether delivered over DSL or cable. “Companies that provide similar services should be regulated the same,” SBC Senior Vp-FCC Priscilla Hill-Ardoin said. “Unfortunately, the current regulatory imbalance has had a negative effect on investment in new DSL networks and has dealt a blow to real competition.” SBC agreed with NCTA’s position that mandatory ISP access imposed costs that affected broadband deployment but said that if FCC decided mandatory access requirements were appropriate, they should apply to all broadband providers. NCTA said Commission had no ancillary authority under Communications Act to impose multiple ISP requirement on cable modem service and that arguments by ISPs and “self- styled consumer representatives” provided no evidence that cable companies ever in any way would restrict Internet content. National Assn. of Deaf (NAD) said Commission had failed to consider in its NPRM needs of those with disabilities. Specifically, Assn. said it was concerned that cable companies offering one or other ISP would keep NAD members from being able to communicate with one another because lack of interoperability of instant messaging (IM) services of various providers. “Many NAD members use IM services as equivalents to voice, telephony, voice mail, and similar voice-based services. Indeed, in key respects, IM has become for many NAD members, an indispensable tool.” NAD said FCC’s NPRM effectively would exempt cable modem service from equal access provisions of Communications Act. American Foundation for the Blind said cable modem should be classified as telecom service in order to ensure access to people with disabilities. City Council of New Orleans told Commission that it couldn’t preclude state and local authorities from regulating cable modem service and facilities and that local govt. should be able to charge rent to rights-of-way (ROW). Other municipalities, including Portland, Me., Corpus Christi, Tex., and Des Moines, Ia., made similar arguments that cable modem service placed additional burden on ROW, that consumers would continue to call with complaints and that local govt. should have power to address customer service issues.