6122009

1
Cable Modem Open Access

• Nicholas P. Miller
• Miller Van Eaton, P.L.L.C
• Washington, D.C.

2
Introduction

• Why
• What
• The Arguments

3
The AOL-TW Merger

• The Largest ISP
• The Second Largest Cable Operator
• Impose or Defer Open Access Requirement

4
Cable Modem Service

• On the Internet--Speed Kills
• Now, low-speed open access by telephone
• Soon, hi-speed closed access by cable modem

5
Closed Access

• Regulation created the Internet
• Reverses 80 years of US tradition
• 2 way networks should be interconnected
• On 2 way networks users should control content

6
Arguments For Closed Access

• Network Competition Solves Problem
• Open Technology Unproven
• Closed Will Happen Faster
• All Content Still Available to Subscribers
• Cant Violate Exclusive Roadrunner Contract
• Will Not Build in Open Communities

7
Arguments in Favor of Open Access
8
Cable Modems Will Have Gatekeeper Market Power

• Highest Speed
• Lowest Cost
• Fastest to Market

9
Internet Growth Requires Open Networks

• Technology Permits Economic Discrimination
• Gatekeeper wants to reshape content
• 75 of 50B or
• 30 of 100B?
• Economic Democracy means
• open entry/exit
• best idea wins

10
Technology Will Support Open Access

• GTEs Clearwater Demonstration
• Exclusive Contracts are based on self-dealing

11
Conclusion

• FCC is a drop out -- the feds wont help
• The Decision is Yours