San Francisco, CA Support of Non-Discriminatory Access to the Internet

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San Francisco, CA, US

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Type: Resolution

Status: Adopted on 1/26/00

Vote: Unanimous

Source File: http://www.sfgov.org/site/telecommunications_commission_page.asp?id=8494

Text:

Telecommunications Commission
Resolution 00-020
SUPPORTING THE RECOMMENDATIONS OF THE DEPARTMENT OF TELECOMMUNICATIONS AND INFORMATION SERVICES (DTIS) REGARDING NON-DISCRIMINATORY ACCESS TO CONTENT ON THE INTERNET AND OPEN, NON-DISCRIMINATORY ACCESS TO BROADBAND TRANSPORT AS SET FORTH IN THE OPEN ACCESS REPORT AND THIS RESOLUTION AND RECOMMENDING THAT THE BOARD OF SUPERVISORS 1) ADOPT POLICIES REQUIRING THAT BROADBAND TRANSPORT PROVIDERS SUBJECT TO THE CITY'S AUTHORITY BE REQUIRED TO PROVIDE NON-DISCRIMINATORY ACCESS TO CONTENT AND 2) ADOPT A REQUIREMENT NOW THAT BROADBAND TRANSPORT PROVIDERS SUBJECT TO THE CITY’S AUTHORITY MUST IMPLEMENT OPEN, NON-DISCRIMINATORY ACCESS TO BROADBAND TRANSPORT ON JANUARY 1, 2003, WITH AN OPPORTUNITY FOR THE BOARD OF SUPERVISORS TO ELIMINATE THE REQUIREMENT IF MARKET CONDITIONS NO LONGER JUSTIFY SUCH ACTION.

WHEREAS, On July 26, 1999, the Board of Supervisors of the City and County of San Francisco adopted Resolution No. 718-99 "establishing City policy supporting open non-discriminatory access by consumers to all content on the Internet; urging the San Francisco City Attorney, the Department of Telecommunications and Information Services and the Telecommunications Commission to take all possible action to implement this policy at the federal, state and local level by: 1) monitoring legislative, regulatory and judicial developments in the California Legislature, Congress, the Federal Communications Commission and federal courts addressing high-speed Internet access; 2) monitoring the market for broadband access services in order to gauge the necessity or feasibility of imposing an open access requirement; 3) requiring cable companies and other providers of high-speed Internet access services to permit unrestricted access to all content on the Internet in addition to allowing subscribers a single 'click through' directly to such content; 4) requiring cable companies and other providers of high-speed Internet access service to provide universal access by consumers to any cable modem or high-speed Internet access service in a service area in which cable modem or high-speed Internet access service is offered; 5) filing an amicus brief in support of the City of Portland's non-discriminatory access requirement in the United States Court of Appeals for the Ninth Circuit and; 6) urging the San Francisco City Attorney, the Department of Telecommunications and Information Services, and the Telecommunications Commission to report back to the Board of Supervisors by December 15, 1999 on federal, state, and local legislative, regulatory, judicial and technical developments and recommend a course of action for the City;" and,

WHEREAS, DTIS released a Request for Information (RFI) in October 1999 to obtain the information requested by Resolution No. 718-99; and,

WHEREAS, DTIS received comments from approximately 25 parties in response to the RFI; and,

WHEREAS, DTIS held meetings with interested parties and conducted extensive outside research to obtain additional information; and,

WHEREAS, the Telecommunications Commission held public hearings on November 15 and December 20, 1999, to hear public testimony on the issue of open access; and,

WHEREAS, On December 3, 1999, DTIS notified the Board of Supervisors that, due to the amount of information collected and the desire for further participation and review by the Telecommunications Commission, the report would be delivered to the Board of Supervisors no later than January 15, 2000; and,

WHEREAS, DTIS compiled and analyzed the information and released its Open Access Report to the Board of Supervisors and Telecommunications Commission, on January 14, 2000; and,

WHEREAS, The Open Access Report presents DTIS' recommendations to the Board of Supervisors regarding a "course of action for the City" as required by the Board of Supervisor's Resolution No. 718-99; and,

WHEREAS, DTIS provided policy options for non-discriminatory access to content that include options addressing: 1) access to information without seeing a proprietary content, i.e., a "single click" requirement; 2) access to content and services; 3) equal treatment of all Internet traffic; 4) access for people with disabilities; and, 5) access to local peering by unaffiliated content and service providers; and,

WHEREAS, DTIS offered three policy options regarding non-discriminatory access to broadband transport as follows: 1) monitor the market for future implementation, 2) require open, non-discriminatory access to broadband transport by January 1, 2003, and 3) require open, non-discriminatory access to broadband transport now; and,

WHEREAS, DTIS recommends that the City adopt open access policies that apply to all carriers subject to the City's authority; and,

WHEREAS, DTIS recommends that the City advance its policies regarding non-discriminatory access to content on the Internet by requiring that broadband service providers allow: 1) access to information on the Internet without seeing proprietary content, i.e. a "single click" requirement; 2) access to all content and services available on the Internet; 3) equal treatment of all Internet traffic; and 4) access for people with disabilities; and,

WHEREAS, DTIS recommends that the City advance its policy supporting non-discriminatory access to broadband transport services by requiring broadband transport providers subject to the City's authority to implement open, non-discriminatory access to broadband transport on January 1, 2003 and that the Board should adopt a mechanism to eliminate the requirement if market conditions no longer require open access; now, therefore, be it

RESOLVED, The Telecommunications Commission supports the recommendations of the Department of Telecommunications and Information Services (DTIS) regarding non-discriminatory access to content on the internet and open, non-discriminatory access to broadband transport as set forth in the Open Access Report and this Resolution; and, be it

FURTHER RESOLVED, The Telecommunications Commission recommends that the Board of Supervisors 1) adopt policies requiring that broadband transport providers subject to the City's authority be required to provide non-discriminatory access to content and 2) adopt a requirement now that broadband transport providers subject to the City’s authority must implement open, non-discriminatory access to broadband transport on January 1, 2003, with an opportunity for the Board of Supervisors to eliminate the requirement if market conditions no longer justify such action.

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