# Before the

# Federal Communications Commission

# Washington, D.C. 20554

)

In the Matter of )

)

Federal-State Joint Conference )

On Advanced Telecommunications ) CC Docket No. 99-294

Services )

)

)

)

# ORDER

###### Adopted: October 8, 1999 Released: October 8, 1999

By the Commission:

# INTRODUCTION 

1.  One of the principal goals of the Telecommunications Act of 1996[^1]
    (the Act) is to stimulate competition for all telecommunications
    services, including advanced services, by promoting innovation and
    investment by all participants in the telecommunications
    marketplace.[^2] We seek to create incentives for providers of
    advanced services to innovate and deploy new technologies more
    rapidly, ultimately resulting in increased choices for consumers of
    advanced services and in more widespread availability of those
    services, all at reasonable rates.

2.  In this regard, both this Commission and each State commission are
    directed by the 1996 Act to encourage the deployment of advanced
    telecommunications services to all

Americans.[^3] Widespread availability of advanced services and
broadband capabilities can increase our nation's productivity, create
jobs, and improve our educational, social, and health care services. In
order to reap the benefits of advanced technologies, however, we must
move closer to achieving the goal of ensuring that these technologies
and services can be accessed meaningfully by all Americans, whether they
be located in urban or rural areas, economically disadvantaged, or have
disabilities.

3.  Through this Order, we convene a Federal-State Joint Conference
    pursuant to section 410(b) of the Communications Act[^4] to provide
    a forum for an ongoing dialogue between this Commission, the states,
    and local and regional entities regarding the deployment of advanced
    telecommunications capabilities. Ensuring that advanced
    telecommunications services will be made available to all Americans
    is an effort that will be undertaken on various levels---federal,
    state, local, and regional. The Federal-State Joint Conference on
    Advanced Telecommunications Services will further that goal by
    facilitating the cooperative development of federal, state, and
    local mechanisms and policies to promote the widespread deployment
    of advanced services.

**II. BACKGROUND**

4.  Section 706 of the 1996 Act requires the Federal Communications
    Commission, as well as each State commission, to encourage the
    reasonable and timely deployment of advanced telecommunications
    capability to all Americans.[^5] As Congress directed, we have
    examined demand for advanced services and the current state of
    deployment and have undertaken various efforts to encourage more
    rapid and widespread deployment of advanced services.

5.  Recognizing the concurrent obligation of the states to encourage the
    reasonable and timely deployment of advanced services, the National
    Association of Regulatory Utility Commissioners (NARUC) has adopted
    a resolution endorsing the establishment of a Federal-

State Joint Conference on Advanced Telecommunications Services.[^6] As
detailed below, such a Joint Conference would provide a forum in which
to conduct an ongoing, cooperative dialogue regarding deployment,
promote an exchange of information between and among state and federal
regulatory agencies, and explore regulatory and deregulatory mechanisms
that will facilitate the widespread availability of advanced
telecommunications services.

**III. ESTABLISHMENT OF THE JOINT CONFERENCE**

6.  Accordingly, in order to further the goals of the 1996 Act and
    encourage the deployment of advanced telecommunications services to
    all Americans, we now convene a Federal-State Joint Conference on
    Advanced Services (Joint Conference or Conference) pursuant to
    section 410(b) of the Communications Act. Section 410(b) provides
    that

> \[t\]he Commission may confer with any State commission having
> regulatory jurisdiction with respect to carriers regarding the
> relationship between rate structures, accounts, charges, practices,
> classifications, and regulations of carriers subject to the
> jurisdiction of such State commission and of the Commission.[^7]

We believe that the goal of facilitating the widespread deployment of
and access to advanced services will be furthered by convening an
ongoing conference pursuant to this provision. Federal-state cooperation
is particularly appropriate in matters relating to the deployment of
advanced services, which will necessarily move forward and be tracked at
the state and federal levels. As discussed in more detail below, we
expect that the Conference will monitor and collect data regarding the
practices of carriers as they deploy advanced services throughout the
nation. In addition, the Joint Conference will examine the relevant
state and federal regulations to which carriers are subject and whether
and to what extent those regulations are affecting the widespread
deployment of advanced services.

7.  The Commission's rules governing section 410(b) Joint Conferences
    are flexible and will permit the Conference to begin immediately an
    open dialogue regarding how best to encourage the rapid deployment
    of advanced services to all Americans. Specifically, our rules state
    that this Commission may confer with any State commission regarding
    any matter that relates to the regulation of public utilities
    subject to the jurisdiction of either commission. The Commission has
    to date convened only one Joint Conference under section 410(b),
    which resulted in extensive federal-state cooperation in the
    development and implementation of Open Network Architecture
    (ONA).[^8]

8.  We believe that a Joint Conference is an appropriate vehicle for
    federal, state, and local cooperation with regard to the rapid and
    widespread deployment of advanced services. A Joint Conference
    provides a flexible forum in which to conduct an open dialogue,
    collect and exchange information, and consider initiatives that will
    encourage deployment. As was the case with the Joint Conference on
    ONA, this Conference will take a broad perspective and will not be
    required to produce a recommended decision on any one particular
    aspect of advanced services.[^9]

9.  We further conclude that the Conference shall be chaired by the
    Chairman of this Commission or his designee. Any or all of the four
    other Federal commissioners may participate in the Conference, as
    may representatives from up to five State commissions, whom we will
    invite following recommendations from NARUC. Meetings will be called
    by the Conference Chairman, who may establish a regular schedule for
    meetings after consultations with Conference members. In addition,
    the Conference at any point may decide to include any of its
    findings and recommendations in a written report to this Commission.
    Finally, the Commission shall revisit the need for and utility of
    the Joint Conference in two years time.

10. The Conference will provide a structure for a dialogue among
    federal, state, and, where appropriate, local agencies that we
    expect will facilitate the deployment of advanced services by
    minimizing potential inconsistencies and overlaps between federal
    and state policy. In particular, we anticipate that the Conference
    will examine how best to accelerate the deployment of affordable
    advanced services to rural, low-income, disabled, and other
    under-served telecommunications users.

11. The activities of the Joint Conference will include monitoring the
    ongoing deployment of advanced services throughout the nation to
    determine where and what advanced services are being deployed and to
    identify a set of "Best Practices" that promote rapid deployment. In
    this regard, the Conference may utilize existing federal and state
    data collection procedures and conduct field hearings to collect
    information regarding ongoing programs to deploy advanced services.
    Any such information gathered shall be submitted to this Commission
    on a timely basis to assist us in our preparation of our annual
    Report on advanced services deployment. The Conference will also
    serve as a vehicle for the dissemination of information it collects
    to ensure that any "Best Practices" data compiled by the Conference
    is distributed to entities positioned to utilize the information
    effectively to deploy advanced services. In this regard, new
    entrants and small businesses in particular may benefit from the
    documented experiences of successful deployment strategies in
    different states and localities.

12. The Joint Conference will provide a forum for the coordination of
    federal-state initiatives to promote deployment of advanced
    services. By identifying commonalities and synergies among ongoing
    federal, state, and local programs that are successfully encouraging
    deployment, the Conference may facilitate interactions between state
    and federal governments that will result in more efficient
    deployment strategies. The activities of the Joint Conference,
    however, will not limit the ability of this Commission to take
    separate, independent action pursuant to section 706. The Conference
    can also develop mechanisms for coordinating federal and state
    initiatives to spur deployment, particularly in rural and low-income
    areas.

13. Finally, because section 410(b) provides a flexible vehicle for
    state-federal cooperation, we anticipate that, as appropriate, the
    Joint Conference will undertake efforts and utilize tools in
    addition to those discussed herein. We also expect that the
    Conference will seek the cooperation of private sector
    representatives, where necessary and appropriate, to assist in
    identifying and encouraging successful deployment strategies. It is
    our expectation that the cooperative efforts of the Conference will
    facilitate and encourage the actual deployment of advanced services
    so that our goal of bringing advanced services to all Americans can
    be realized.

# IV. ORDERING CLAUSES

14. Accordingly, IT IS ORDERED, pursuant to section 410(b) of the
    Communications Act of 1934, 47 U.S.C. § 410(b), that the
    Federal-State Joint Conference on Advanced Telecommunications
    Services be convened.

15. IT IS FURTHER ORDERED, pursuant to section 410(b) of the
    Communications Act of 1934, 47 U.S.C. § 410(b), that the
    Federal-State Joint Conference shall be chaired by the Honorable
    William E. Kennard and shall be comprised of any or all of the four
    other Federal commissioners and representatives from up to five
    State commissions, who shall be recommended by the National
    Association of Regulatory Utility Commissioners.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie Roman Salas
>
> Secretary

[^1]: Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56
    (1996), *codified at* 47 U.S.C. §§ 151 *et seq.* Hereinafter, all
    citations to the 1996 Act will be in accordance with its
    codification in Title 47 of the United States Code. The 1996 Act
    amended the Communications Act of 1934, which we will refer to, as
    amended, as the "Communications Act."

[^2]: Joint Statement of Managers, S. Conf. Rep. No. 104-230, 104^th^
    Cong. 2d Sess. 1 (1996) (*Joint Explanatory Statement*). We use the
    terms "advanced telecommunications services" and "advanced services"
    to mean "high-speed, switched, broadband telecommunications
    capability that enables users to originate and receive high-quality
    voice, data, graphics, and video telecommunications using any
    technology." *See* 47 U.S.C. § 157(b). The term "broadband" is
    generally used to describe a transmission facility that can convey
    sufficient capacity or bandwidth to transport large amounts of
    information and can carry numerous voice, video, and data channels
    simultaneously. *See* [Newton's Telecom Dictionary]{.smallcaps} 109
    (14^th^ ed. 1998).

[^3]: The principal section of the 1996 Act concerning advanced
    telecommunications services is Section 706, Pub.L. 104-104, Title
    VII, § 706, Feb. 8, 1996, 110 Stat. 153, reproduced in the notes
    under 47 U.S.C. § 157.

[^4]: 47 U.S.C. § 410(b).

[^5]: 47 U.S.C. § 157(a).

[^6]: *See* *Resolution Endorsing a Federal-State Joint Conference on
    Advanced Services*, Sponsored by the Committee on
    Telecommunications, Adopted by the NARUC Board of Directors, July
    23, 1999.

[^7]: 47 U.S.C. § 410(b).

[^8]: *See* *In the Matter of Filing and Review of Open Network
    Architecture Plans*, CC Docket No. 88-2, Memorandum Opinion and
    Order, 4 FCC Rcd 1 (1988).

[^9]: *See* *Id.*, ¶ 221.