NCTA to FCC: Google can already attach to utility poles without Title II

The NCTA has told the FCC that Google (NASDAQ: GOOG) doesn't need help from Title II enactment in order to have access to infrastructure controlled by utilities.

"Google already can avail itself of pole attachment rights under Section 224, not withstanding its assertions to the contrary," the National Cable Telecommunications Association said in a letter sent to the Federal Communications Commission Friday.

Earlier, Google told the FCC that reclassifying broadband providers as common carriers under Title II of the Communications Act would help it and other ISPs gain access to infrastructure controlled by utilities.

Specifically, Google urged the FCC to enforce Section 224 of Title II, which covers pole attachments.

"Google's letter states that Google Fiber 'lacks federal access rights pursuant to Section 224' because it offers an 'Internet protocol video service (IPTV) that is not traditional cable TV,'" the NCTA contends. "But as NCTA has explained on numerous occasions … the law is clear that facilities-based providers of Internet protocol television services do qualify as cable operators under the Communications Act of 1934 … The Act defines 'cable operator' as one who 'provides cable service over cable system,' without any reference to the technology (IP-based, QAM-based or otherwise) used to provide such service."

For more:
- read this NCTA letter
- read this Ars Technica story

Related links:
Democrats take on Republicans with proposed net neutrality bill
FCC's Wheeler hints he's leaning toward Title II reclassification
Wireless regulation under Title II is the model for net neutrality, Wheeler says

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