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To ensure the delivery of cable services in the most efficient and effective manner, the Federal Communications Commission (“FCC” or “Commission”) has adopted rules to encourage cable operators to use the most advanced technologies to deliver telephone and broadband services. In many circumstances, the cable operator is required to share the Advanced Services Fund with a telephone carrier that is affiliated with it. A cable operator is required to provide phone or broadband services to any subscriberable address, regardless of whether there is a provision in effect at that address, or whether that address was included in any previously approved WCF simultaneously with the provision of broadband or phone service. For WCF facilities other than cable converter boxes, the modernized rules allow for “pick port” operation or enhanced services where a subscriberable address is connected to the network through a cable modem that is installed at the address. Regardless of the type of WCF facilities provided, in certain circumstances the cable operator must contribute to a regulatory escrow account that funds the WCF.
It is the Commission’s view that the use of WCF facilities with enhanced services in the modernized rules is in the public interest because it enables a cable operator to offer advanced services in an integrated manner across a wide range of devices because it provides the opportunity to offer applications that provide significant benefits in terms of increased efficiency and effectiveness and because it encourages cable operators to use the advanced technologies that facilitate the provision of such services. It is also critical that the cable operators have the ability to introduce such enhanced services.
In order to promote competition, the Commission has determined that it is in the public interest for the cable operator to have the ability to offer and require use of Enhanced Services for the cable WCF facilities (also known as a “WCF pick port”—which may facilitate setting up new service—or “WCF enhanced station” in the subsequently adopted rules). The availability of such enhanced services in the expanded rules will enable a cable operator to provide enhanced services in a seamless integrated manner across the already existing service offerings to consumers of broadband and voice services, or to provide new services that were not available to the consumer.
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