April 5, 2000

The Honorable (All Members of the House)
US House of Representatives
Washington DC 20515

Dear Congressman:

With more public attention being paid to the goal of assuring that all Americans have access to broadband technology, I wanted to call your attention to the multi-tenant building access problem for high-speed telecommunications services, such as fixed wireless providers. While there is a number of competing broadband technologies, fixed wireless is an especially promising alternative for consumers in multi-tenant buildings.

Unfortunately, unreasonable barriers to multi-tenant buildings are delaying the speed with which all Americans can be offered broadband services. Landlords stand between customers and new high-speed telecom capabilities and rule over the last bottleneck in the new world of telecommunications competition. The record to date: "access denied" or protracted negotiations lasting from twelve to eithteen months. Twelve months is a lifetime in the new world of telecommunications. It means discrimination against captive consumers and provides an anti-competitive advantage to the local telephone companies already in buildings as the sole legacy provider.

In those instances where it is available, high speed Internet service is empowering small businesses, new educational opportunities and better Right now, less than 2 percent of America's tenants - apartment dwellers and small businesses - are able to choose their local telecommunications provider for high-speed access. All others remain captive customers. Their captor? The landlord -- who blocks competitive telecommunication service.

A generation ago, Congress passed laws to guarantee Americans the right to choose where to live and work. But in today's world, "where" and how people live or work is not just a matter of geography. It is a matter of "connectedness." It is time to ensure that all Americans have the right to choose their telecommunications provider and get connected.

A 1999 report by the Department of Commerce found that African-Americans and Hispanic households are less likely to have Internet access than White households. The Internet access gap between these households is growing according to the report, as is the difference between rich and poor and most and least educated. Between 1997 and 1998, Internet access jumped 40 percent across the board, but disparities persist when factors such as income, race, education, and household type are introduced.

We at the Information Technology Association of America (ITAA) do not believe the numerical disparities are unbridgeable, and we do believe natural market forces can help fill the breach. ITAA believes, as you do, that no one should be left behind in the Internet Economy. Rather we believe that this challenge constitutes a "digital opportunity" for all of us.

The ITAA provides global public policy, business networking, and national leadership to promote the continued rapid growth of the Information Technology (IT) industry. ITAA consists of 400 direct and 26,000 affiliate corporate members throughout the U.S., and a global network of 41 countries' IT associations. The Association plays the leading role in issues of IT industry concern including taxes and finance policy, intellectual property, telecommunications competition, workforce and education, encryption, critical infrastructure protection, online privacy and consumer protection, securities litigation reform, government IT procurement, and human resources policy. ITAA members range from the smallest IT start ups to industry leaders in the Internet, software, IT services, ASP, digital content, systems integration, telecommunications, and enterprise solution fields.

ITAA's "Digital Opportunity Initiative," is aimed at growing and diversifying the information technology workforce by attracting African-Americans, Native-Americans and Hispanic Americans into high paying and exciting information technology jobs. Moreover, we were interveners in the Federal courts supporting the Federal Communications Commission "schools and libraries" program to wire our nation's classrooms to the Internet. Next week ITAA will be hosting its third annual "National IT Workforce Convocation" in Chicago. Speaker Hastert will be addressing this gathering. Participants in prior years have included the Secretaries of Education and Commerce.

While there are many actions that can address this "digital opportunity," multi-tenant building access for high-speed telecommunications services, such as fixed wireless providers, is an important step.

The Federal Communications Commission is considering nondiscriminatory access requirements in its pending Competitive Networks rulemaking. Representative Oxley has introduced H.R. 3487, the Competitive Broadband Telecommunications Act that is designed to achieve the same goals. Original co-sponsors are Representatives Davis, Boucher, Eshoo and Stupak. Similarly, Representative Tom Davis has introduced H.R. 2891, the Competitive Access to Federal Buildings Act. A companion bill has been introduced in the Senate, S. 1301, by Senators Stevens, Lott, Hollings, and Dorgan.

These initiatives, if implemented, would help more Americans enjoy the benefits of broadband and reflect the general requirements of the Telecommunications Act of 1996 for competitive access. I ask you to support strengthening the right of consumers in multi-tenant buildings to freely select their telecommunications providers.

Thank you for your careful consideration of these important issues. If you have any questions about the matters raised above, please feel free to contact me (703/284-5340; hmiller@itaa.org), or Mark Uncapher (703/284-5344; muncapher@itaa.org) of my staff.

Sincerely,

Harris N. Miller
President