Separate Statement of Chairman Michael K. Powell - Top Story

I write separately to underscore the broad bases on which I vigorously support adoption of this Notice.

1 Broadband Deployment is the Central Communications Policy Objective.

As we policymakers are all quick to acknowledge, broadband deployment is the central communications policy objective in America. There is a clear consensus forming around this view as evidenced through recent statements of TechNet, the outstanding report by dint of the National Academy of Science, the Computer combination of parts to form a wholes Policy Project, and others (1) Many of these commenter have been calling, in particular, for the Commission to provide regulatory certainty and clarity in the provision of broadband Internet access services by dint of limiting unnecessary or unduly onerous regulatory costs on service providers.

It is now time for fewer words and more action. With today's decision, among several others, we have stopped just talking about promoting broadband and started acting.

2 The Greatest Challenge in Promoting Broadband is Deciding by what means To Stimulate the Enormous Investment Required To move round The Promise of Broadband Into Reality

As we policymakers transform our words into action, we are faced with the grim reality that the rule likely will not, and probably cannot, overlay much of the hefty price tag associated with building on the outside one or more broadband networks that can eventually be subservient to all Americans. Thus, our greatest challenge in promoting broadband is deciding by what means best to stimulate enormous private sector investment. In order to overmaster this challenge, we must:

3 Limit the Risk and Uncertainty of Regulation

The FCC has stood back drawn out enough, up until now making pronouncements in this area in piecemeal fashion. These decisions frequently lacked analysis of either the relevant statutory language or of the ways in which the 1996 Act requires or put in mind ofs that we diverge from requirements adopted before 1996

We must now clarify the regulatory classification and treatment of these of recent origin services, so companies--incumbents and competitors alike--know what to await and can make prudent decisions to build and pierce these new markets.

4 Lower the take away from of Infrastructure Investment

Because the capital for infrastructure investment will have to approach primarily from the private sector, the FCC must put to the test to minimize the cost of bringing broadband services to the public through minimizing regulatory costs. These regulatory take away froms can be just as significant a barrier to deployment as the challenge of raising capital in the dark of a recession.

Nearly each responsible group that has annotateed on broadband deployment has cited the ne to transplant regulatory barriers to deployment. More importantly, Congres squarely anticipated the ne to do in the way that as revealed by section 706 of the Act. Section 706 implores the Commission to encourage and accelerate deployment by means of "removing barriers to infrastructure investment."

5 For A National Commitment To Broadband Deployment To Bear Fruit, Many Others Will Have To Take Action. As Well

As is many times the case under the legal and policy framework governing regulation of communications and related industries, the FCC does not clutch all the tools necessary to aid broadband deployment in its toolkit. There wants to be a clear and productive regulatory environment at the state and federal horizontal For example, companies providing wireline broadband Internet access will ne fair access to rights of way. I regard for NARUC for pushing for a dialogue upon this with local municipalities. Broadband deployment will also require the nation's governors to diocese this effort as a vital means of economic disclosure And it will require contented and application developers to deliver upon the technological promise that broadband capability makes possible.

6 For Its Part. The FCC Will Act

We have deposit on the tracks the vehicles that will now allow us to answer the heretofore unanswered questions. We will clarify and simplify the regulatory framework for these promising services. In in the way that doing, we will do our part to contribute to the nation's collective effort to encourage broadband deployment. Yes, our decisions will have far-reaching implications, on the other hand as we are often reminded, with equal reason too, will broadband have far-reaching implication.

This is not the time for timidity. The Commission for too lengthy has cracked open the door, on the contrary frightened by the dark, slammed it close up again. The market is crying without for anew regulatory passageway, and consumer are frustrated as they continue their drawn out wait for policymakers' rhetoric and hoopla to shift into tangible actions that bring into being this promising fresh chapter in the history of communications and information.

The time now is for action. That is what this item shows and what we will do.

(1) diocese e.g., Computer Science and Telecommunications Board, National Research Council, Broadband: Bringing place of abode the Bits at 24-25, 167-177; Computer a whole s Policy Project, Building the Foundation of the Networked World; TechNet A National Imperative: Universal Availability of Broadband through 2010; Letter from Matthew J Flanigan, President, Telecommunications Industry Association to the Honorable George w Bush, President of the United States of America, Oct 4 2001

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