Dear ISP and CLEC,
In May 2002, TeleTruth filed Comments with the FCC, which we beleive would be a way to slow, block or potentially stop the FCC from implementing its current harmful broadband and competition rules. W may also be able to help require the FCC to enforce the current laws. We've passed this by our various lawyers and they all agree that it is valid...
On August 27th, 2002, it is now clear that the Small Business Adminstration's Office of Advocacy may also beleive that the FCC rules are harmful to ISPs and they have publicly requested that the FCC revise its current analysis of the impacts on small business.
And we ALL ----you and your customers---- need to support the SBA's actions to make this campaign work.
The Fight:
As you may know, the FCC has a series of 6 current inter-related rulemakings that could block competitors, including ISPs, from offering broadband services that use the customer-paid Bell networks. And it would place new taxes on broadband for customers and competitors alike. It therefore affects ALL customers using an independent ISP and CLEC.
And as most of you know, this is the FCC trying to implement Tauzin-Dingell as FCC rules. (Tauzin-Dingell is a bill sponsored by Bell-financed Congressmen Tauzin and Dingell that give the Bells the right to stop selling their networks to competitors.) In fact, there is an additional threat today from new proposed legislation in the Senate that would help Tauzin--Dingell to become law.
And there is little chance that these rulings will not become law without some unique, yet legitimate angle, as well as a massive outcry of the Internet Community.
What We Found:
The FCC is violating laws that are designed to protect small ISPs and CLECs. That's right. There are laws that are supposed to be protect your interests that have been ignored!!!! Small CLECs are defined as companies under 1,500 staffers, ISPs under $18 million in revenues are considered small businesses.
TeleTruth has filed in ALL six
proceedings, arguing that the FCC is violating the
"Regulatory Flexibility Act:" designed to protect small
businesses and small business telecom competitors from rules
that will harm these companies. And we are requesting that
the FCC halts these proceedings until they are in compliance
with the law. As far as we have ascertained, the FCC is in
violation of at least 13 parts of the Act and therefore,
does not comply with the law. To read about this law and the
violations see:
http://www.teletruth.org/FCCbroadband.html
Also, New Networks Institute has created a "Small Telecom Business Impact Study" for the TeleTruth filings that demonstrates the harm the FCC's laws will have on small competitors -- and the current harm by the Bell companies the FCC has continually ignored.
The Act also allows small businesses to have a "judicial review" of the matter, which can essentially slow down if not stop any rule from becoming law. However, this is a long process.
The Small Business Administration's Office Of Advocacy, not to mention the Congressional committees on Small Business, are now our allies in our seeking congressional hearings and putting pressure on the FCC.
OUTCOME:
We intend to put pressure on the FCC, with your help, to actually adequately analyze the impacts on small telecom businesses and their customers and take this campaign through to the judicial review process if necessary. It will also educate the Congressmen, state agencies, etc. on the ISP and CLEC issues and why they are a vital part of the Internet and Broadband deployment in the US.
THE PLAN:
We need to get hundreds of ISPs, CLECs and small business customers take a stand on these issues.
- We are asking ALL ISPs and CLECs to support the SBA and TeleTruth filings requesting the FCC to revise its analysis and comply with the law.
- We are asking ALL ISPs and CLECs to contact their customers and ask them to send a letter to Chairman Powell and the other Commissioners, in support of their ISP and the SBA filing and to stop these bad broadband proposed rules from becoming law.
- We are calling for congressional hearings to influence the FCC.--- Call your Congressmen today and request a hearing of the Small Business Committees In Congress.
FUNDING:
We need immediate funds to make sure that this campaign gets national attention. Whatever you can give will go a long way for use to lobby Washington, hire a press group, and make sure that we coordinate activities. All money you send will go directly to this campaign. Your company can also be directly involved.
Volunteer for TeleTruth:
TeleTruth is a volunteer based coalition of customers (ISPs and CLECs are also customers to the Bells). To date, the web site, legal services, current press, and the "Small Business Impact Study" were done pro-bono. But we assistance to move forward.
To read our filing, see the press release, learn how to get involved or support TeleTruth --- See the TeleTruth pages dedicated to this campaign.
http://www.teletruth.org/FCCbroadband.html
Thanks,
Bruce Kushnick, TeleTruth
212-777-5418