Federal Internet Law & Policy
An Educational Project
Network Information Disclosure Dont be a FOOL; The Law is Not DIY
Computer Inquiries
- Computer I
- Computer II
- - Computer II Ref
- Computer III
- - Computer III Ref
- Information Service / ESP
- Timeline
- Net over Cable
- Net over DSL
- Net over Wireless
- Net Over Powerline
- Layered Model Regulation
- Access Charges
- Accounting
- Bundling
- - CPE
- - Info Services
- Network Info Disclosure
- Enforcement
- Notes
- Network Neutrality
- Common Carriage
- Broadband

Computer II and Computer III articulated requirements for the disclosure of network information by BOCs.   See 47 C.F.R. § 64.702(d)(2) (network information disclosure requirements for BOCs providing enhanced services through separate subsidiaries).  These requirements have been superceded by the Telecommunications Act of 1996.   47 USC § 251 (c)(5) states:

In addition to the duties contained in subsection (b), each incumbent local exchange carrier has the following duties . . . (5)  NOTICE OF CHANGES. - The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange carrier's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks.

The regulations implementing the new statutory requirements can be found at 47 C.F.R. §§ 51.325 - 335.

In sum, these rules require all incumbent local exchange carriers (ILECs ) to provide public notice regarding any network changes that affect a competing service provider's (including an information service provider  47 C.F.R. § 51.325(d)) performance or ability to provide service or will affect the ILEC's interoperability with other service providers.   47 C.F.R. § 51.325(a).  Until the ILEC has disclosed this information publicly, it may not disclosure this information to anyone, particularly its own affiliates. 47 C.F.R. § 51.325(c).  The rules set forth requirements for the content of the notice,  47 C.F.R. § 51.327, the methods of notice,  47 C.F.R. § 51.329, and the timing of notice, 47 C.F.R. §§ 51.331-33.   Information about DSL readiness of the network would fall within the Network Information Disclosure rules.

See also

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