December 14, 2010
Via ECFS
Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Re: Written Ex Parte Presentation
ET Docket Nos. 09-191 and WC Docket No. 07-52
Dear Ms. Dortch:
My company, PEAK Internet, provides Fixed Wireless broadband service in Corvallis, Oregon
and Rural Willamette Valley. We rely primarily on unlicensed spectrum to deliver broadband services to
consumers that have no or few broadband choices. We built our network using devices authorized
under Part 15 rules the FCC adopted to open up 900 MHz, 2.4 GHz, 3.65 GHz and 5 GHz spectrum for
unlicensed or light licensed broadband devices. Thanks to the Commission?s initiatives; consumers,
businesses, and government services in the Rural Willamette Valley area can now get broadband
service.
PEAK Internet is concerned that certain Network Neutrality rules, if adopted, would severely
and adversely affect our ability to continue to provide our customers with affordable Fixed Wireless
broadband services. It is our understanding that although mobile broadband will have a special set of
rules, Fixed Wireless broadband will be lumped in with traditional wired services and be subject to a
stricter set of rules. We feel that the Network Neutrality rules imposed on Fixed Wireless broadband
should be no more rigid than the rules that will apply to mobile wireless broadband providers. The
physics of wireless technology and delivery necessitate a relaxed set of rules for all wireless
technologies.
Many of the proposed rules will destroy our industry, our business and our customers? Internet
experience. We believe wireless networks, either Fixed or mobile, will be unable to operate effectively
if the definition of what constitutes ?reasonable? network management practices does not account for
the unique obstacles faced by small businesses with congested networks, bandwidth constraints, tower
and middle-mile access limitations and a lack of investment capital. For many households in rural
America, this will mean the loss of broadband services entirely at a time when the country
is seeking to accomplish ubiquitous coverage.
We need to face the reality that content delivery and demand is outpacing the technology and
spectrum available to meet consumer demands, especially for Fixed Wireless networks that have
limited spectrum, capacity and throughput. Many regions of our country do not have the wireline
broadband infrastructure available to meet this demand. The past has proven that often times it is
economically unfeasible to build new wireline infrastructure in rural areas; thus Fixed Wireless
1600 SW Western Blvd, Suite 180, Corvallis, OR 97333 ? 541.754.7325 ? 800.731.4871 ? www.peakinternet.com
Page 2 December 14, 2010
Broadband is often the only economical delivery mechanism to deliver quality broadband services to
those households that have been overlooked or bypassed by traditional wireline Internet providers.
It should not be taken lightly that the FCC was charged by the ARRA to write a National
Broadband Plan so that all Americans could receive affordable broadband service. If the proposed
rules are approved, this one action alone would cripple this goal. Why would the FCC protect one
method of wireless broadband delivery and not apply the same good fortune to a similar technology
that is in place and actively servicing many people and businesses today? As Fixed Wireless technology
improves, and more spectrum is opened to the Fixed Wireless industry, then a more relaxed set of
Network Neutrality rules may be revisited in the future, but now is not the proper time.
In nearly every industry in the world, flow is managed, whether it is water systems, hydraulic
fluid, natural gas, air traffic, the highway system, or countless other systems. Flow management is
essential for orderly delivery of a medium in a safe and effective process. Data is no different than
anything mentioned above. Without proper management, systems will fail and the data highways will
be disrupted, leaving millions of businesses and residents without service.
Companies that are building and maintaining the data highways should be able to control and
manage the traffic coming in and out of their network as they see fit, in order to effectively deliver the
high levels of sustained traffic that are starting to clog the Internet.
The majority of Fixed Wireless networks have been completely funded with private funds and
organic growth. As Internet traffic grows exponentially, Fixed Wireless broadband providers are
seeing not only their middle mile transport costs increasing but last mile transport costs increasing
exponentially as well. Given the state of our current economy, we do not feel that we can pass these
increased costs on to our customers. This is not a time to increase regulation in order to satisfy the
consumer thirst for more content delivered to their doorstep for the same cost that they are currently
paying.. The economics just do not justify it.
Our company supports the positions taken by WISPA, the Wireless Internet Service Providers
Association in their Ex Parte presentation filed on December 10, 2010.
Sincerely,
David R. Placko
Chief Technology Officer
PEAK Internet
david.placko@peakinternet.com