AT&T Retreats from Previous Position and Agrees to Accept Mandated Open Access
Provision in Franchise Renewal
openNET Coalition Applauds Pittsburgh’s Steps to Preserve Customer
Choice
Washington, DC (28 December 1999) -- In a major victory for Internet users, the
Pittsburgh City Council today voted 6-1 (with one abstention) to become the first local
government in the nation to require -- as part of its agreement to renew the local cable
franchise license -- that AT&T Cable Services accept non-discriminatory open access.
"Today’s vote in Pittsburgh was a win for consumers," said Rich Bond,
co-director of the openNET Coalition. "AT&T was forced to accept a
self-executing, non-discriminatory open access provision that guarantees that if AT&T
voluntarily or involuntarily signs an open access agreement with any other governmental
entity or becomes subject to an open access requirement anywhere else in the United
States, it must offer the same terms to Internet service providers operating in
Pittsburgh."
The Pittsburgh open access provision could be triggered as soon as early 2000 when the
Ninth Circuit U.S. Court of Appeals is expected to rule on AT&T’s appeal of a
lower court decision that the city of Portland, Oregon had the legal authority to mandate
open access. Should the court rule in Portland’s favor and thereby allow consumers to
choose their ISP instead of being forced to accept AT&T affiliate Excite@Home,
Pittsburghers would automatically have the right to choose among multiple ISPs. The
Pittsburgh open access provision could also be triggered by votes over the past two weeks
by local authorities in Culver City, CA and Henrico County, VA, as well as previous votes
in Broward County, FL and several Massachusetts communities.
The Pittsburgh agreement is unique because it represents the first time AT&T has
voluntarily agreed to accept a self-executing open access requirement. It also stands as a
significant deviation from AT&T’s announcement in early December that it would
provide access to unaffiliated ISPs on its cable systems, but only after its exclusive
contract with Excite@Home expires in 2002. Numerous prior votes by local governments in
favor of open access have occurred in the context of franchise transfers.
Pittsburgh is the first franchise renewal vote in favor of open access. As the
Pittsburgh open access requirement may be triggered early in 2000, AT&T’s
contract with Excite@Home no longer stands in the way of consumer choice of ISPs.
Source: Open Net
Coalition, 28 December 1999
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