On Sept. 28, the Federal Communications Commission (FCC) issued a Notice of Inquiry (NOI) to explore issues surrounding high-speed Internet service, particularly access that is provided over cable systems, so-called “cable modem service.” This issue includes the open access question that NACo has been concerned with over the last several years.

The FCC is asking for comments on the appropriate policy approach for high-speed Internet service provided by various industries, including cable, wire line, wireless, and broadcast. The fundamental question is whether the FCC should require access to Internet Service Providers (ISPs) when customers connect to the Internet via cable and other high-speed systems.

In general the FCC is seeking to promote widespread and rapid development of high-speed services, while at the same time promoting the competitive free market that exists for the Internet.
The “open access” issue has been one in which NACo has taken an interest. NACo adopted policy in 1999 that supports a county’s authority to require cable operators to provide open access to all ISPs. While the FCC has in the past taken a hands-off position on this issue, recent court decisions have now made them issue this NOI. The NOI specifically refers to the AT&T v. Portland/Multnomah County case.

Comments are due 45 days after the NOI is published in the Federal Register, which is exected to be in the next two weeks. For the text of the NOI go to http:// dettifoss.fcc.gov: 8080/beta.doc_search/opasrchV2.cgi.