Cybertelecom Federal Internet Law & Policy An Educational Project

Oregon

Cybercrime

Oregon 164 .377 Computer crime

(2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

      (a) Devising or executing any scheme or artifice to defraud;

      (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

      (c) Committing theft, including, but not limited to, theft of proprietary information.

      (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

      (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network , or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

Municipal Broadband

• Ashland | Ashland Fiber Network | Fiber | 3-5 Mbps | Multiple ISP | $34.99 / Month Basic | Open Access Network | 3000 Customers 2005 |
  • Ashland Fiber Network in Ashland, Oregon, (pop. 20,700) has also recorded similarly sized losses over the same three year period. - The Need to Permit Broadband from Public Entities, Brennan Center for Justice at NYU Law School, p. 51 (May 2006) PDF
  • Cable TV, cable modem services. Established 1997. Cap Investment $5 million for 9,000 homes. $555 Investment per household. 2004 AFN report indicated loss of ($380) per sub.
    In 1998, projected positive net income in 2003, but competitor cut rates, and AFN fell 20% short; Council exploring strategic options. Municipal Broadband: Digging Beneath the Surface, Balhoff & Rowe, LCC, p. 34 (Sept. 2005)
• Central Lincoln People's Utility District ( broadband resale)
• Emerald People's Utility District
• Seattle broadband report recommends municipal network, Muni 5/27/2005
• Portland : Earthlink Service Provider Wifi : - Mr. Donald Berryman Earthlink, State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006
  • MetroFi to build Portland's wireless network, Bizjournals 7/21/2006
  • Portland, OR., May Build Fiber-Optic Network, Free Press 1/13/2006
• The Dalles :: Municipal Fiber network ::
  • - Municipal Broadband: Sidestepping Information Roadblocks, Media Alliance nd ("The natural beauty of the Columbia River Gorge may have played a role in the company’s decision to locate there, but a larger factor was surely the city’s municipal high-speed data network. "

VoIP

• The Status of Competition and Regulation in the Telecommunications Industry, Public Utility Commission of Oregon (January 2004)
• Page 3: "A convergence of technologies is bringing profound changes to the telecommunications industry and its regulation. Carriers have discovered that internet technology can be used to carry voice messages. In some cases, the internet is being used directly to carry voice traffic traditionally carried over the existing telecommunications network, known as the public switched network. In other cases, internet technology is being used in combination with the public switched network. The term "voice over internet protocol (VOIP)" is used to describe all variations of this new method of providing service. The increasing use of VOIP is threatening traditional regulatory approaches to assuring universal telecommunications service and the compensation of telecommunications carriers for use of their facilities by other carriers. The Federal Communications Commission (FCC) is considering whether traditional regulatory methods should be applied to VOIP. The FCC must decide whether VOIP applications are "telecommunications services" or "information services." FCC decisions concerning VOIP will likely determine the role the Oregon PUC will have in the regulation of VOIP, if any. In the meantime, a number of Oregon carriers are using VOIP. Qwest has announced that it will begin using VOIP soon."
• Page 19: "Certain carriers are increasingly using Internet technology to provide voice service. The specific technologies used by these carriers are not uniform, but their common thread is the use of Internet technology in conjunction with the networks of the traditional telecommunications carriers. Providers of VoIP do not pay traditional carriers for use of their networks, nor do they contribute to universal service funds. The ability of VoIP carriers to avoid these charges has generated great controversy. The FCC previously examined the subject of VoIP in 1998, but did not conclude that VoIP is a telephone service. The FCC is currently reexamining VoIP so that it can determine its regulatory status."
• Page 24: "The FCC is discussing regulatory changes that could potentially affect both competition and state jurisdiction. The FCC could determine that certain advanced services should be regulated as information services rather than telecommunications services. As a result, such services would not come under state jurisdiction. Voice over Internet Protocol (VoIP) is one such service. It can be used to provide local as well as long distance voice telecommunications service so some state jurisdiction over local exchange service could be lost if VoIP is determined to be an information service. Qwest has announced its interest in providing service using VoIP. An FCC decision concerning the classification of cable modem services was partially affirmed and partially vacated and remanded by the 9th Circuit Court of Appeals. The Court said that cable modem service is partly a telecommunications service and partly an information service. It is not appropriate to classify cable modem service as cable service. The FCC is expected to appeal the decision. The issue of the regulatory classification of services is important to competitors and incumbents alike. Uncertainty in the marketplace over the outcome of litigation in this area plagues the competitive marketplace and has an adverse effect on competition in markets throughout the nation, including Oregon."
• In re MCI Worldcom Communications, Inc., and Verizon Northwest Inc., First Amendment to Interconnection Agreement Submitted for Commission Approval Pursuant to Section 252(e) of the Telecommunications Act of 1996, ARB 422(1), Order (Apr. 27, 2004) http://www.puc.state.or.us/orders/2004ords/04-228.pdf
• In re Oregon Exchange Carrier Association v. LocalDial Corp, Docket UCB 19
• Order June 25, 2004 Proceeding Dismissed as Moot;  See LocalDial Proceeding in Washington.
• Complaint filed Oct 13, 2003
• Protective Order Dec. 17, 2003
• LocalDial
• Jeff Pulver Blog

Cable Open Access

• 2000
  • 9th Circuit Reverses District Court, Overturns Local Decision to Mandate Open Access, and declares ATT Cable to be a "Telecom Service"  6/23/00
    • ATT v. Portland (9th Cir. June 2000)
    • AT&T Corp. v. City of Portland, 43 F. Supp. 2d 1146, 1154 (D. Ore. 1999), reversed on other grounds, 216 F.3d 871 (9th Cir. 2000)
    • Amicus Brief of Federal Communications Commission, AT&T Corp. v. City of Portland, No. 99-35609, United States Court of Appeals for the Ninth Circuit, filed Aug. 16, 1999
    • Statement of Chairman Kennard Regarding AT&T v. City of Portland. 6/22/00
    • Groups Praise Portland Decision InternetNews 6/27
    • AT&T wins cable access decision USA Today
    • Groups Praise Portland Decision
    • ATT Prevails in Open Access Wired
    • ATT Defeats Portland Open Access Requirement Techweb
    • Court Limits Cities' Control of Internet Lines LA Times
    • Appeal Court Sides w ATT NYTimes
    • AT&T wins appeal in cable access case NAndoTimes
    • Draw Declared in AT&T Broadband Case EcommerceTimes
    • AT&T Ruling May Open Net Competition - AP Las Vegas Sun
    • AT&T Wins Broadband Case in Portland The Standard
    • ATT Wins Internet Decision Washinton Post
    • Statement of FCC Chairman William E. Kennard Regarding AT&T v. City of Portland 6/23
    • Open Access Proceeding in Portland InternetNews 3/17
  • FCC Releases Open Access NOI (will declare in 2002 that cable modem service is an information service, not a telecom service, and therefore does not fall under Title II of the Communications Act or under the Computer Inquiries)
• 1999
  • January AT&T files suit against City of Portland. AT&T Corp. v. City of Portland, 216 F3d 871.
  • June Federal court rules in favor of City AT&T v. Portland Open Cable Access Decision (pdf)
    • FCC Files for National Broadband Policy InternetNews July 21 1999
    • FCC takes a stand over cable open access C|NET July 21 1999
    • AT&T appeals cable access ruling USA Today June 1999
    • AT&T asks court to overturn open access ruling C|NET June 1999
    • AT&T Plans To Appeal Oregon Cable Ruling  Excite News June 1999
    • FCC's Kennard slams open access ruling C|NET June 15, 1999
    • AT&T reaction to U.S. District Court decision June 4 1999
    • ATT Takes a Hit, C|NET June 4, 1999
    • AT&T told to open Internet access, Seattle Times June 4, 1999
    • Judge to AT&T -- Free access for all!, ZDNET & InternetWeekJune 4, 1999
    • AT&T takes a blow in cable fight with ISPs, Infoworld June 4, 199
  • August AT&T Appeals to federal appellate court
    • Portland Briefs: Media Access Project | ORISPA | Portland's | FCC's |
    • Oregon official champions cable access fight C|ENT 11/3/99
    • AT&T's Court Battle Continues Daily News Yahoo 11/3/99
    • Judges Question Rules On High-Speed Internet Access Yahoo 11/3/99
    • ATT Cable Internet Case Looms Large Washington Post 11/3/99
    • AT&T Gaining MO' in Portland? Wired 11/3/99
    • Open Access: Appeal Show Down ZD Net 11/3/99
    • Oregon Wages A Battle Over Internet Access Wash Post 11/3/99
    • AT&T To Argue Appeal In Open Internet Access Case Yahoo 11/3/99
    • New Can of Worms Opened in Open Access Debate The Industry Standard 11/3/99
    • AT&T case could decide fate of fast Net C|NET 11/3/99
    • AT&T Takes Net Access Argument to Court USA Today 11/3/99
    • AT&T v. Portland Open Cable Access Decision (pdf)
    • ISP group lends support to cable court case C|NET 9/14/99
    • Opennet Coalition Supports Portland InternetNews 9/14/99
    • FCC's Position on Open Access Questioned Cableworld 9/13/99
    • Portland Weighs In On Open Access Debate InternetNews 9/13/99
    • FCC Weighs In on Open Access Industry Standard 8/18/99
    • FCC expected to support cable in court brief C|NET 8/16/99
    • FCC Will Likely Side With Cable On Internet TechWeb 8/16/99
• 1998
  • June AT&T applies to assimilate TCI. MHCRC recommends approval conditioned upon open access.
  • December: AT&T refuses open access conditions. City of Portland disapproves merger
    • AT&T, TCI challenge Portland authorities, C|NET 12/30/1998
    • AT&T, TCI Battle Portland Officials, InternetNews.com 12/30/1998