A group of Internet service providers from California experience a strange odyssey to Washington D.C. while attempting to quash the Tauzin-Dingell bill on Capitol Hill—once and for all.

by Jim Thompson [September 21, 2001]

For a small group of ISPs, a trip to Washington became much more than just an effort to talk to members of Congress. The service providers, all members of the California ISP Association (CISPA) traveled to the nation's capital to plead their case against passage of the Tuazin-Dingell bill [HR 1542]. Before it was over, however, they found themselves in the middle of a momentous, frightening and deadly historical event—the terrorist attack on the Pentagon.

For Jim Pickrell, president of Brand X Internet, Tony Capelli of L.A. Bridge Internet, Sam Visger from East County Internet Services, and Barry Sherwood from Sunset.Net Interent Services, the strange odyssey began with a flight from Los Angeles the day before the terrorist attacks on the Pentagon in Washington D.C. and World Trade Center in New York.

Their plan was to meet with members of Congress to talk about the Tauzin-Dingell bill. Sponsored by Rep. Billy Tauzin (R-LA), chairman of the House Commerce Committee and Rep. John D. Dingell (D-MI), the bill would roll-back rules requiring local phone companies to open their networks, through an unbundling of the local loop, before they can offer long-distance voice and data services.

The bill would also free the regional Bells from being forced to lease parts of their high-speed data networks to competitors at wholesale prices.

Currently, the Bells must provide proof that their local networks are open to competitors before being allowed to market long-distance services.

Supporters of the bill claim it would provide the Bells with a greater incentive to invest in DSL and other technologies and give a new push to the roll-out of high-speed services, especially in rural areas.

ISPs and CLECs say passage of the bill would eliminate competition, undermine the fundamental promise of the Telecommunications Act of 1996 and, ultimately, put them out of business.

"As competitive ISPs, we feel our livelihood is at stake," said Pickrell. "PacBell is already fined on a regular basis for anti-competitive activities, but the fines are so small, it doesn't really impact them. This bill would just kill us."

By way of example, Pickrell said that under the Tauzin-Dingell bill it would be legal for PacBell, or any of the Baby Bells, to impose a $50 surcharge on anyone using their DSL lines to contact an ISP other than PacBell Internet (PBI). Bell companies already have the right to enter the long distance business in five states—SBC Communications, Inc. in Texas, Kansas and Oklahoma and Verizon Communications, Inc. in New York and Massachusetts, and most recently in Pennsylvania.

Character change
The ISPs, who were joined by Sue Ashdown from the American ISP Association, had planned to begin their lobbying efforts against the Tauzin-Dingell bill bright and early on Tuesday, September 11, 2001. Their plans, and the world, changed dramatically when two planes hit the World Trade Center Twin Towers in New York and a third struck the Pentagon.

"It was a hot, clear day and we could see the smoke rising from the Pentagon from our hotel," reported Pickrell. We were staying only a block or so from the White House and we were concerned that another attack could hit our hotel."

"I was frightened most of the time we were there," said Capelli. "We thought there could be random bombings around the city. It was also scary going to the House of Representatives the next day. The people working there were pretty concerned about a possible attack on the building."

Following the cloud of smoke that billowed up from the Pentagon, the group walked along 14th street, past the Smithsonian complex and the Washington Monument and across the Potomac River to Virginia where the Pentagon is located.

Eerie chill
"There was almost no one on the streets," commented Capelli. "It was like we had the whole city to ourselves. It was kind of like being in the Twilight Zone."

Of course, immediately after the attacks, all air travel in the U.S. was shut down. This meant that most of the ISPs who were to join the group couldn't make it. It also meant that those who did get to Washington, D.C., couldn't leave.

But even in the worst of circumstances, life must continue. Since the group had several appointments with Congress members already set, including one with Congresswoman Jane Harman, 36th California Congressional district. The group decided to try moving ahead with their original plan. "We threw on our suits, jumped in a taxi and told the driver to take us to her office," commented Pickrell.

"Harman has long been sympathetic to our cause and supportive in opposing the Tauzin-Dingell bill," noted Pickrell. Although they didn't see the Congresswoman, members of her staff did talk with them about their efforts.

Friendly engagement
This cordial reception turned out to be more the rule than the exception. To their surprise, the group was able to accomplish far more than they anticipated. Under the strange and, rather surreal circumstances, the telecom advisers for the Congress members they visited had plenty of time to talk with them about their concerns. In all they were able to visit the offices of 14 members of Congress, all of them from California.

"We explained that the main problem is that when you add up all the changes for DSL lines, we (ISPs) pay a total of about $75 per line to PacBell and the retail price for a line, including Internet access, is $39.95 or $49.95," said Pickrell. "There's no way you can make that difference up on volume."

He added that just about everyone they spoke with understood their situation.

"I was struck by the sense that most of the legislators don't seem to understand the issues and the technology associated with DSL and broadband," Capelli said. "They also don't seem to have a clear understanding of their jurisdiction over telecom companies, which seems to work to the advantage of the phone companies."

Pickrell added that there does seem to be a much greater effort to defeat the bill this year than there was last year and that momentum is moving in their direction. Last year, he claimed, about 200 members of Congress supported the bill. The official number of supporters is 112, as of this month.

The ISPs came away from Washington, shaken but not stirred in their resolve to defeat the Tauzin-Dingell bill. "I encourage all ISPs to talk with their Congress person," said Pickrell. "This is the only way we can bring attention to the disastrous potential of the legislation."

While pricey lobbyists and lawyers represent present a different picture to politicians on behalf of the Bells, it's good to know that a few good men—and women—don't shy away from the fight to represent independent ISPs on Capitol Hill. It's about time that legislators learned what HR 1542 is really all about.

— End