Utilities offering BPL will do so under the information service classification, a designation that frees them from a number of regulatory constraints.
The FCC on Friday voted unanimously – with Commissioner Robert M. McDowell abstaining – to approve the United Power Line Council’s (UPLC) request for the classification, which has awaited a decision for nearly a year. UPLC lawyers contend that classifying BPL as an information service would serve the public interest by promoting investment in BPL equipment and technology. It further would encourage facilities-based competition against telcos and cablecos, the organization has argued, and helps meet President Bush’s goal of achieving ubiquitous broadband by 2007.
The approval was widely expected.
Offering a service under the information service header puts providers at an advantage, as they face less regulation than they would under the telecommunications service moniker. The commission said the categorization will promote nationwide broadband deployment and, Deborah T. Tate added, provide additional homeland security redundancy. The agency previously has reclassified cable modem and DSL Internet access as information services.
As they did with the cable modem and DSL orders, Democratic Commissioners Michael J. Copps and Jonathan S. Adelstein agreed to the classification, with misgivings. Copps said he believes that “continuing to consign broadband services to Title I is no substitute for a genuine national broadband strategy.” He argued that reclassification does not further the federal government’s aim of getting broadband deployed in rural and low-income areas, noting he has not seen significant deployment results after several years of broadband declassification.
“I really don’t think our international standing in broadband is going to improve until this nation develops an honest-to-God broadband strategy,” he added.
Adelstein said he was pleased the order does not limit states’ ability to oversee BPL and he hailed a technology “with the potential to be a new broadband pipe into the home.” He called for strong protections regarding consumer privacy but noted overall, “We desperately need competition.”
Tate continued her support for “a light regulatory touch” in approving the UPLC petition, and Chairman Kevin J. Martin agreed.
UPLC officials were not immediately available for comment.
FCC www.fcc.gov
UPLC www.uplc.org
