Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!usc!zaphod.mps.ohio-state.edu!maverick.ksu.ksu.edu!hoss!hoss.unl.edu!riddle From: riddle@hoss.unl.edu (Michael H. Riddle) Newsgroups: comp.org.eff.talk Subject: Re: Common carrier Usenet? Message-ID: <1990Nov27.175109.27718@hoss.unl.edu> Date: 27 Nov 90 17:51:09 GMT References: <6657@sugar.hackercorp.com> <43541@sequent.UUCP> <1343:Oct801:36:3590@kramden.acf.nyu.edu> <13119@hoptoad.uucp> <1990Nov27.003228.18125@hoss.unl.edu> Sender: news@hoss.unl.edu (Network News Administer) Organization: University of Nebraska - Lincoln Lines: 68 In <1990Nov27.003228.18125@hoss.unl.edu> riddle@hoss.unl.edu (Michael H. Riddle) writes: >I think the Second Computer Inquiry discusses >enhanced service providers, with the conclusion they are /not/ common >carriers. I don't have the exact language in front of me, but the cite is >Second Computer Inquiry, Final Decision, 77 F.C.C. 2d 384, 47 R.R. 2d 669 >(1980), reconsidered 84 F.C.C. 2d 512, 50 R.R. 2d 629 (1981), aff'd sub >nom. Computer and Communications Indus. Ass'n v. F.C.C., 693 F.2d 198 >(D.C. Cir. 1982), cert. den., 461 U.S. 938 (1983). I found the summary of decision and am including it below, as it may be of some value in this discussion. /////////begin quote from Second Computer Inquiry////////// 5. Based on the voluminous record compiled in this proceeding, we adopt a regulatory scheme that distinguishes between the common carrier offering of basic transmission services and the offering of enhanced services. Although more simplified terminology is employed, this basic/enhanced dichotomy for network services is consistent with the approach taken in the Tentative Decision. We find that basic service is limited to the common carrier offering of transmission capacity for the movement of information, whereas enhanced service combines basic service with computer processing applications that act on the format, content, code, protocol or similar aspects of the subscriber's transmitted information, or provide the subscriber additional, different, or restructured information, or involve subscriber interaction with stored information. 6. As the Tentative Decision recognizes, it is in the provision of enhanced services that uncertainty as to the communications or data processing nature of a service is significant. In the course of this proceeding we have made several attempts to adopt a definitional scheme that would provide an adequate regulatory demarcation between regulated communications services and unregulated data processing services. We conclude that the record does not support adoption of the definitional scheme proposed in the Tentative Decision and that any attempt to so categorize enhanced services is unnecessary under our statutory mandate and would be contrary to the public interest. Such use of a definitional scheme to classify various types of enhanced services would not result in regulatory certainty in the marketplace and would most likely result in the direct or indirect expansion of unnecessary regulation over currently unregulated vendors of enhanced services and deprive consumers of increased opportunities to have these services tailored to their individual needs. 7. The decision sets forth the regulatory scheme for basic and enhanced services. The common carrier offering of basic transmission services are communications services and regulated as such under traditional Title II concepts. Consistent with the determinations made in the First Computer Inquiry, we find that regulation of enhanced services is not required in furtherance of some overall statutory objective. In fact, the absence of traditional public utility regulation of enhanced services offers the greatest potential for efficient utilization and full exploitation of the interstate telecommunications network Significant public benefits accrue to the Commission's regulatory process, providers of basic and enhanced services, and consumers under this approach. ////////end quote from Second Computer Inquiry///////////// -- riddle@hoss.unl.edu | University of Nebraska riddle@crchpux.unl.edu | College of Law mike.riddle@f27.n285.z1.fidonet.org | Lincoln, Nebraska, USA