Cable Cos Agree To Provide Access to Their Infrastructures to High-Speed Internet Providers

The cable companies are appealing against Attorney General Elyakim Rubinstein’s authority concerning his other requirements.

The cable companies have accepted the Ministry of Communications conditions for receiving an immediate high-speed Internet license. On the other hand, the cable companies asked Attorney General Elyakim Rubinstein to decide whether Minister of Communications Binyamin Ben Eliezer is authorized to grant them a temporary license under the conditions determined by him, and what legal basis exists for presenting additional conditions. The position of the cable companies was stated in a letter sent by their legal representative, Prof. David Libai, to Deputy Attorney General Davida Lachman-Messer.

The cable companies’ response to the Ministry of Communications stated their consent to all against Minister of Communications Binyamin Ben Eliezer’s conditions for granting a temporary high-speed Internet license. They also agreed to provide access to their cable infrastructure to companies competing in provision of high-speed Internet services (unbundling), and even accepted that no company would have exclusivity in the field. On the other hand, the companies asked that an agreed transition period be established for technical preparations.

Following the termination of the franchise periods, the cable companies have agreed to the appointment of a mediator, conciliator, or assessor to discuss unsettled questions, in order to ensure competition and prevent delays in operating high-speed Internet. The companies did not, however, commit themselves to accept the mediator’s ruling.

The cable companies also oppose the requirement that they abandon exclusivity in multi-channel broadcasting, and demand that a transition period be established, during which Bezeq will not be permitted to transmit TV and pay per view (PPV) broadcasts.

Concerning the further requirements, such as abandonment of exclusivity in multi-channel broadcasting, the cable companies are asking Rubinstein to clarify the legal basis for the demands, other than those originally stated by Ben-Eliezer.

Published by Israel's Business Arena on September 27, 2000

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