November 6, 1998

The Honorable William E. Kennard
Chairman
Federal Communications Commission
1919 M Street, N.W.
Washington, D.C. 20554

Dear Chairman Kennard:

I am writing to commend the Commission on its recent finding that the Asymmetrical Digital Subscriber Line (ADSL) service offered by GTE is interstate in nature and, therefore, subject to Federal jurisdiction.

Next week the Commission has the opportunity to address the broader jurisdictional issues associated with traditional, dial-up access to the Internet. As you know, dial-up access to the Internet via the switched voice network currently is used by the vast majority of consumers. I understand the Commission intends to address whether this means of access to the Internet is "local" in nature and, therefore, subject to the reciprocal compensation rules under Section 251 of the Communications Act.

In deciding this question, I urge the Commission to apply the same fundamental principles that it used in the GTE tariff proceeding. If the Commission applies those principles consistently, it must find that Internet access is interstate in nature regardless of the type of facilities used. Therefore, reciprocal compensation should not apply in any event.

While I appreciate the sensitivity of these issues, I believe the Commission should not permit existing agreements that conflict with this important policy to remain in effect for an extended period of time. Any decision to the contrary would result in further market distortions that cause significant harm to the public.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER

cc: Commissioner Susan Ness
Commissioner Harold Furchtgott-Roth
Commissioner Michael Powell
Commissioner Gloria Tristani

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