FOR IMMEDIATE RELEASE

April 26, 2010

TIA: Network Management Is Essential for Continued Broadband Evolution

TIA Urges the FCC to Refrain from Adopting Rules that Would Create Uncertainty and Limit the Flexibility of Manufacturers to Develop and Deploy New and Innovative Network Management Technologies for the Benefit of Consumers

Arlington, Va. – The Telecommunications Industry Association (TIA) today submitted reply comments to the Federal Communications Commission (FCC) on its consideration of rules to "preserve" the open Internet.

"The record in this proceeding is clear that network management is essential, and, given the very technical nature of broadband network management, the Commission should decline to adopt rules that will limit the flexibility of broadband providers and manufacturers to manage their networks to the maximum benefit of consumers," said TIA President Grant Seiffert.

As the leading trade association for the information and communications technology (ICT) industry, TIA cited its concerns that any efforts by the Commission to develop rules intended to enhance the "open Internet" may call into question many future network innovations on the horizon and could, in fact, hinder innovation and investment in a way that could seriously undermine the continued evolution of the network to the detriment of consumers.

"The record demonstrates that a managed network coupled with transparency requirements is in fact the best way to promote an 'open Internet,' and an unqualified 'nondiscrimination' rule may undermine this foundation of broadband innovation," said Seiffert. "Appropriate capacity management tools, which are employed in a neutral manner, further pro-competitive, pro-consumer purposes, and should not be barred unless such conduct is used in an anticompetitive manner."

TIA noted in its comments that network management techniques have been, and continue to be, used by providers to keep the Internet neutral and to ensure that consumers have a fair, equitable and satisfying broadband experience.

TIA also cited the unique network management challenges facing broadband wireless providers and included a declaration that details the great strains on wireless resources that have resulted from exploding customer demand and the tools that providers are using to support this growth, which is currently outpacing demand.

"If, despite the overwhelming record to the contrary, the Commission adopts prophylactic rules, it must ensure that any associated enforcement process includes a presumption of reasonableness on behalf of the network operator," Seiffert added. "Such a presumption could only be overcome by a showing that a broadband provider has violated a rule and caused significant harm. Otherwise, broadband providers will be hamstrung in their ability and incentive to develop and deploy new and innovative network management technologies. Ultimately, with the explosion of demand for broadband capacity, Commission adoption of any rules will only serve to exacerbate the growing challenge of managing the broadband network to satisfy the increasingly sophisticated expectations of consumers," he concluded.

Read the comments on TIA's FCC filings page at tiaonline.org.

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About TIA
The Telecommunications Industry Association (TIA) represents the global information and communications technology (ICT) industry through standards development, advocacy, tradeshows, business opportunities, market intelligence and world-wide environmental regulatory analysis. Since 1924, TIA has been enhancing the business environment for broadband, mobile wireless, information technology, networks, cable, satellite and unified communications. Members' products and services empower communications in every industry and market, including healthcare, education, security, public safety, transportation, government, the military, the environment and entertainment.

TIA is accredited by the American National Standards Institute (ANSI). Visit tiaonline.org.

TIA's Board of Directors includes senior-level executives from ADTRAN, Alcatel-Lucent, ANDA Networks, AttivaCorp, Cisco Systems, Ericsson, Inc., GENBAND, Inc., Henkels & McCoy, ILS Technology, Intel Corporation, Intersect, Inc., LGE, Microsoft, Motorola, Nokia Siemens Networks, Openwave, Inc., Panasonic Computer Solutions Co., Powerwave Technologies, Qualcomm, Research In Motion, Sumitomo Electric Lightwave Corporation, Tellabs, Tyco Electronics, Ulticom, Inc., and Wirefree. Advisors to the Board include FAL Associates, Orca Systems and Telcordia Technologies.

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