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FCC: Cable ISPs Need Not Give Competitors Access

michael_cain writes: "Multichannel News is reporting that the FCC has ruled that cable companies providing high-speed data service do not need to provide access to competing ISPs. Depending on whom you believe, this should lead to either (a) more rapid rollout of cable modem service since the cable companies don't have to share the revenues or (b) cable companies limiting the content and services you can reach over their IP infrastructure." And an Anonymous Coward writes: "Excite is running an article indicating that the FCC has exempted cable internet companies from having to share their lines to competition. Unlike telephone companies, cable companies are required only to share their lines when specifically told to by the government. As a condition of the AOL Time Warner merger, that company was forced to offer its consumers a choice of Internet service providers on its high-speed lines. Thursday's vote, classifying cable Internet as an "information service" rather than a telecommunications service that is subject to the open-access provision, makes sure that cable companies won't have to share anytime soon."

258 comments

  1. Fix page widening! by Anonymous Coward · · Score: 0, Offtopic

    Its just a copy-paste to fix! WHY WON'T YOU DO IT?!?!?!

    1. Re:Fix page widening! by DavidJA · · Score: 0, Offtopic

      I've got Karma to burn over this one.

      Just to put it at +2.

      Here is the source code to fix page widening, taken straight from sourceforge.net.

      INSERT INTO content_filters (regex, form, modifier, field, ratio, minimum_match, minimum_length, err_message) VALUES ('(?:\\s+\\.[^\\s]+)', 'comments', 'gi', 'postercomment', 0.0000, 5, 0, 'That\'s an awful lot of dotfiles there, Klerck.');

    2. Re:Fix page widening! by unitron · · Score: 2
      AMEN!

      I want to browse at -1, I just don't want to have to spead the picture out over 87 monitors in order to do it.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  2. Bad Ruling by Anonymous Coward · · Score: 0

    Bad for the small guys, good for the guys with the money and power to own infrastructure. Look for even less and less mom & pop ISPs in the next 2 years.

    -773
    -60623
    -siliconghetto.

    1. Re:Bad Ruling by lawyamike · · Score: 2, Insightful

      Why would it be awful if there are "less mom & pop ISPs in the next 2 years"? Personally, I do not care whether I access my broadband connection thanks to a sweet little old lady or because it is provided by a cold, heartless corporation. I care only that the connection is reliable and inexpensive. On both counts, it is more likely that a large corporation will meet my needs.

      Do not fear consolidation. So long as it does not accord power over price or facilitate oligarchic coordination, there is much virtue in allowing big old corps to take advantage of their economies of scale. Similarly, do not lionize atomistic competition and tiny competitors. They are the companies that go under long before your warranty has expired.

    2. Re:Bad Ruling by diamondc · · Score: 1

      the more competition... usually the better service and lower prices... or so the saying goes...

      --
      "I keep looking in the want-ads under 'revolutionary' but there don't seem to be any listings.. "
    3. Re:Bad Ruling by Jinky · · Score: 1
      I usually wouldn't agree with an opinion like this, that the large corporation would be the better provider, but I have to concur with it this time.

      Just as an example, in Ontario, the largest DSL provider, Sympatico (owned by Bell Canada, giant conglomerate phone company if you didn't know :) ), they have the lowest prices, as well as the most reliable service. My downtime in two years is maybe a total of two days. Most of the smaller DSL services have nowhere near that uptime.

      On the other hand, the only real cable internet provider available, Rogers Cable, is one of the worsts ISPs I've ever seen. They are the only ones providing the service, owning all the lines, with no competition, and well...the service sucks.

    4. Re:Bad Ruling by Bloodshot · · Score: 1

      You are forgetting about Cogeco, who I use at home for my cable modem connection (I live in Oakville. Except for a month when their system was messed up and I couldn't get to some sites, I've had a totally reliable service.

      They were on the ball for the change from @Home when it collapsed and I've had no problem dealing with their customer service people. I agree that Rogers sucks too as I used to have them for cable TV when I lived in Toronto.

    5. Re:Bad Ruling by moankey · · Score: 1

      So the idea goes, what really ends up happening is more competition ultimately ends with the biggest fish winning. Then the biggest fish makes up new rules so that other fish can never enter the market thus making a monopoly.

    6. Re:Bad Ruling by ichimunki · · Score: 2, Interesting

      After having my mom & pop ISP's bought out by slightly larger mom & pop's I switched to Qwest. Glad RoadRunner was available when Qwest decided to inflict MSN on their customers. I agree that cheaper and more reliable is better and that a large corporation seems poised to answer both of these concerns.

      Not knowing enough about either phone wires or cable lines: is there a way this can be structured so that the lines are owned by municipalities and the service can be provided by a free market of providers? That way all providers are on truly equal footing.

      As I see it now, it's ownership of the wires that's key. When "independent" companies are merely dependent on the larger wire-owning company for some of their basic services (like running a new line to a house, or switching locations), their service is always going to suffer in favor of the company that owns the wires. Even if the activities were all computer controlled and fairly instant there'd still be a delay while the "independent" provider relayed a request to the main provider.

      --
      I do not have a signature
    7. Re:Bad Ruling by geekoid · · Score: 2

      but wouldn't it be better to have to large corporations copeting for your dollars?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:Bad Ruling by unitron · · Score: 2

      But they aren't competing. In my neighborhood the company with a monopoly on cable TV (Time-Warner) offers a choice-Roadrunner or AOL, both owned by Time-Warner. My experience with them as a cable TV provider has me convinced that they are my last choice as ISP, right behind tin cans and string. In order to stay with my current ISP (and my current e-mail addresses), I have to stay with dial-up. Sprint has been saying "real soon now" about DSL for about 3 years now, and I suspect they're waiting until they can offer it only for ISPs that they own. The only competition going on is between these giant corporations to see how big a monopoly each can become and how fast they can do it.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    9. Re:Bad Ruling by Anonymous Coward · · Score: 0

      HUH? AT&T willfully raises prices every year for cable tv access.

      AT&T personally led the charge for a higher price point in broadband which the ILECs, having vanquished the CLEC's, gleefully followed.

  3. a difference? by PopeAlien · · Score: 3, Insightful

    Is there really a difference anymore between data and telecommunications? How can the definition of the pipe be so important?

    1. Re:a difference? by lawyamike · · Score: 2, Insightful

      You are correct, of course. The type of pipe is important only as a vestige of history. Namely, the telephone companies (or company) laid their pipe as public utilities regulated by the federal government, and the cable companies did so as franchisees of various state agencies more recently.

      Convergence is making all of these evolutionary tics look silly. Personally I root for the pipe that deregulates the quickest.

    2. Re:a difference? by StevenMaurer · · Score: 5, Insightful

      Completely!

      A data service is one that gave enough campaign donations to the Bush campaign. A telecommunications service is one that didn't. ;-)

    3. Re:a difference? by Klak · · Score: 1

      No kidding! This article should have had the dollar pic instead of the internet one!

    4. Re:a difference? by _J_ · · Score: 1

      Up Here (In Canada) the cablecos don't have to allow competition while the telcos do. I think this was to allow the much smaller cable companies the chance to compete against the much larger phone company monopolies. While the type of pipe might be hairsplitting the "difference" probably exists to give the cablecos a fighting chance as I believe the US situation is similar.

      The downside for ISP's using the telcos infrastructure is that the telcos still have awesome economies of scale (like being able to offer DSL modem rentals for free).

      As for deregulated pipes: if the cost of entry into the market is reasonable then you'll have competition. Otherwise you'll have local monopolies and be at the mercy of "the man."

      IMHO, as per

      J:)

    5. Re:a difference? by Drunk4Free · · Score: 0

      Take off you hoser.

    6. Re:a difference? by Anonymous Coward · · Score: 0

      I'm here in Northern California where the phone company and the cable company are the same company. In this area at least, it truly is only a matter of the "pipe". While this isn't true of everyone, I'm in an area where the same company offers DSL and cable as well as dial-up, television, long distance, local calling, etc. What this means for us is that the current monopoly is going to be the *permanent* monopoly until someone gets some major capital going and builds out a whole new infrastructure to compete on a similar scale.

      Anyone wanna build me a fiber line?

    7. Re:a difference? by _J_ · · Score: 1


      I feel for you.

      While the idea of competition is one I approve of I also don't mind Ottawa giving the cableco's a leg up so that they can compete with the telco's (at least until their capabilities become more even.). The result is darn cheap broadband relative to most other jurisdictions around the world - I pay just over $43CDN after tax, or about $27. That's for 100 Mbps up, 900 down.

      It's one way of reducing the impact of the barriers to entry.

      In my area there are also condo projects that are going up that have mega internet access built into the project with the ISP owned by the developers. They've got some big, fat pipes. That might be an option for you if such a thing exists in Northern CA.

      IMHO, as per

      J:)

    8. Re:a difference? by cisco_rob · · Score: 1

      The difference lies in how the tariffs are applied. Hopefully this will set the standard for another ruling coming up soon -- on whether or not DSL is considered telecom or data. (I don't really see how it can be judged as purely telecom)

      --The ramifications for this are huge, though; if DSL is deemed a purely telecom service, the Bells can set whatever price they want -- they won't be obligated to give price breaks for 1FB's (the physical ciruit that you run DSL over) to CLECs & ILECs, which means that the price of their shi**y data service will be as high as they like.

      --
      "I do not fear computers. I fear lack of them." -Isaac Asimov
  4. Well then... by swordboy · · Score: 4, Insightful

    Then the FCC needs to set customer service guidelines. There is no incentive for the cablecos to screw over their customers since they have a monopoly in many areas.

    The other day I spent 3 hours trying to get my fucking address changed. My bill still goes to my old residence (the modem works at the new house). I finally gave up because they are so damn stupid. It isn't worth my time.

    Give me a choice or implement some sort of law that required them to resolve my issue in a timely manner or pay me for my time.

    Damnit

    --

    Life is the leading cause of death in America.
    1. Re:Well then... by toupsie · · Score: 2

      Amen! No one is ever responsible for anything at the cable company. Since most of the time, they are the only game in town, they can draw employees from the bottom of the food chain and unleash them on paying customers.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    2. Re:Well then... by sharkey · · Score: 3, Funny

      There is no incentive for the cablecos to screw over their customers since they have a monopoly in many areas.

      Quite the opposite. Since the cable companies have a monopoly in most, if not all areas, they can screw their customers over without fear of losing them to another cable company.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    3. Re:Well then... by Anonymous Coward · · Score: 0

      Actually its the invidual cities that give the cable companies the rights to each areas... and you would be surprised how on edge some of these cities are with the different cable companies..

      Here outside of cleveland, In south euclid, the city fined the shit out of the cable company(adelphia) same with another suburb, beachwood...

      So there is some incentive, just call the city :)

      - ac

    4. Re:Well then... by NoMoreNicksLeft · · Score: 1, Redundant

      No incentives. Like being able to raise prices, knowing that their customers have to take it up the ass, or go without?

      Oh, and let's try to micromanage cable service issues at the federal level. That will work.

      That's sarcasm, for those who are wondering.

    5. Re:Well then... by Anonymous Coward · · Score: 0

      I've had this same problem with my cable company. I moved last July and they still have not mailed a bill to my new address, even though I've called them about it 4 or 5 times. What makes it worse is that I've had installers come to my place twice, once for the tv and once for the modem, so I know they have the new address. I think they may have it straightened out now, I'll find out this month if I get my bill.

    6. Re:Well then... by Tackhead · · Score: 2
      > No one is ever responsible for anything at the cable company. Since most of the time, they are the only game in town, they can draw employees from the bottom of the food chain and unleash them on paying customers.

      So, in answer to the original poster's question - there is no difference between a cable company and a telco. ;-)

    7. Re:Well then... by ergo98 · · Score: 2

      Where do you live? In my area the cablecos marketshare is being dramatically eroded by satellite services (including mid-speed 2-way as well), and many of the cable cos have latched onto high speed internet access as one of the selling points to encourage people to keep cable (it worked. I love some of the satellite services and features, but I also like high speed cable internet access). Additionally high speed DSL access has made massive inroads, and 2.5G wireless access is looking to extend the competition. 10 years ago it'd be fair to say that cablecos had a monopoly, but I really don't think that is true for the majority of people.

      On top of all of that, a lot of the time that people are bitching about something they're bitching without reason (and as stated following, I include myself in that category). For the past 2 weeks I've been griping to anyone that will listen about how my cable modem was giving back 600ms ping times and horribly unrealiable throughput. Turns out that it was that the cable I ran got crimped in a door and must be noisy now, as replacing it gave me those 10ms pings I know and love.

    8. Re:Well then... by The+FooMiester · · Score: 1

      I'd be interested to know what they fined adelphia for.

      --
      The previous has been a secret message to my comrades.
    9. Re:Well then... by ichimunki · · Score: 1

      many of the cable cos have latched onto high speed internet access as one of the selling points to encourage people to keep cable (it worked. I love some of the satellite services and features, but I also like high speed cable internet access).

      This explains why the bastards are all over the SSSCA like bees on honey. I never thought about how their TV services had serious competition and if they don't fix something all the money they spent on wiring they laid could be pretty hard to recoup.

      --
      I do not have a signature
    10. Re:Well then... by Anonymous Coward · · Score: 0

      a lot of the time that people are bitching about something they're bitching without reason... the cable I ran got crimped in a door
      so just because you're a fscking moron, everyone else is? besides the proof of how dumb you are, what else have you got to go on?

    11. Re:Well then... by mofolotopo · · Score: 1

      I'm pretty sure that was just a typo.

    12. Re:Well then... by oyenstikker · · Score: 2

      In theory this is true. In the past this has been true. But it seems more and more, competing companies compete with their lawyers and marketing, not with their engineers, prices, or service. The lawyers get rich. The MBAs get rich. The engineers get frustrated, the prices go up, the service deptarment doesn't have resources to fix anything, and the customer STILL doesn't have a better option. (They just think they do cause the TV ad told them so)

      --
      The masses are the crack whores of religion.
    13. Re:Well then... by unitron · · Score: 2
      "...just call the city :)...

      That would be the city where relatives of the politicians were stockholders in the original cable company before it was bought out by TW-AOL or AT&T or whoever?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    14. Re:Well then... by Anonymous Coward · · Score: 0

      Shut the fuck up you AC cunt before I kick you in the tits. If we wanted to hear your shit we'd smash your fat ugly zit encrusted face.

    15. Re:Well then... by isdnip · · Score: 2

      That's not normally the FCC's bailiwick, which is to deal with more industry-specific and technical issues. If they bill you wrong, or screw up the address, then there is plenty of other recourse. Forget that they are a cableco. They are somebody to whom you owe money. State laws generally apply, and whether they're a cableco or a bakery or a lawn service, payment issues are covered by consumer protection. Your state Attorney General's office might help.

  5. Cable Modem as Information Provider. by Anonymous Coward · · Score: 0

    Thursday's vote, classifying cable Internet as an "information service" rather than a telecommunications service

    So my ISP is providing me with Slashdot? Not Slashdot? They are not responsible for the information I receive, only HOW I receive it?

    Go figure...

    1. Re:Cable Modem as Information Provider. by issachar · · Score: 1

      bad argument. Cable television is classified as an "information service" despite the fact that the cable company doesn't own NBC, ABC, FOX, The weather channel, PBS, etc.

      just because someone else makes the content doesn't make them a telecommunications service...

      --
      . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
    2. Re:Cable Modem as Information Provider. by hagardtroll · · Score: 1

      But the cable company decides WHAT channels I get to see and how much to charge for each one. I pay for the content, not just the communication.

      On the internet, I select what web sites I want to visit. Not them. I request the information from whoever I want. I can see a clear distinction there. The phone company doesn't decide what phone calls you make? The ISP doesn't decide what web sites I visit.

      I certainly don't want them restricting my choices either.

  6. No problem by Anonymous Coward · · Score: 0

    Competitors can "buy" the access like if they were consumers. If they exploit the contract carefully (use flat-rate services fully and resell it per hour) they might even turn a profit.

    1. Re:No problem by phriedom · · Score: 1

      You've got it completely backwards. That is exactly what a competetitor CANNOT do. Unless other laws direct it to, a cable company does NOT have to sell bandwidth to a competitor. They can dictate that they are only selling single user connections of up to 1Mbps (with no guaranteed minimum speed) and that you may not share or resell this bandwidth. They can also say "you may not run any servers of any kind" and decide not to provide fixed IP addresses. No competition means they don't have to give good service, they only sell what they want to.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  7. now if only... by edrugtrader · · Score: 1, Troll

    ... they could get my neighbor to stop sharing my line!!

    --
    MARIJUANA, SHROOMS, X: ONLINE?! - E
  8. Monopolies Again by Jinky · · Score: 1

    I think there may be some more monopoly style lawsuits coming up in the future. If this puts any cable based ISP out of business, or suffers too much of a loss, this will be in court pretty damned fast.

  9. totally backwards by ethereal · · Score: 5, Insightful

    Y'know, I don't care about the cable regulation one way or the other as much as some people, but I think the FCC has really missed the boat on their classification of the service here. What people have demonstrated that they want, time and time again, is connectivity. We want a high-speed telecommunications service. If we want an information service too, we'll get a web browser, or something like that. We don't need the FCC to decide for us what we want; we know what we want.

    It's the bundling of connectivity with services that is slowing all of these rollouts, IMHO - if we could get bandwidth from one company, and mail/news/web access from another, then the market would quickly determine the best bandwidth providers as well as the best mail/news/web access providers. This FCC action is limiting the scope of such unbundling, which seems like a step backwards to me.

    --

    Your right to not believe: Americans United for Separation of Church and

    1. Re:totally backwards by Anonymous Coward · · Score: 0

      mail/news/web access?

      Excuse me, but if you have internet connectivity, then what more do you need for web access????

      mail and news services being separated from the isp I can see. Those actually require servers owned by the service.

      Web site hosting is something else again. Most isp's don't provide it automatically, and shouldn't. (they do a carpy job)

      You can get mail, news, and web hosting services from 3rd parties. I would love to see my isp stop including mail and news, and drop the price. Then I could get those services from companies that actually do it well.

    2. Re:totally backwards by ethereal · · Score: 1

      Well, I was thinking more along the lines of web caching, firewalling, that sort of thing. It's true that there are several things that work better when your bandwidth provider (you know, the guy at the head of the pipe) is also your ISP - they can do caching for you, you don't have to worry about your email password being plaintext (or at least you don't have to worry quite as much), etc. Those things are a little more complicated if you have to go halfway around the world to get to them.

      But yeah, for vanilla web browsing you don't need an ISP at all. I should've explained what I was thinking.

      --

      Your right to not believe: Americans United for Separation of Church and

    3. Re:totally backwards by billnapier · · Score: 2, Informative
      Y'know, I don't care about the cable regulation one way or the other as much as some people, but I think the FCC has really missed the boat on their classification of the service here. What people have demonstrated that they want, time and time again, is connectivity. We want a high-speed telecommunications service. If we want an information service too, we'll get a web browser, or something like that. We don't need the FCC to decide for us what we want; we know what we want.

      I have to disagree that the FCC missed the boat on their classification. Based on current regulation (Telecom Act of 1996), Cable-Modem service is an Information Service!


      INFORMATION SERVICE.--The term ''information service'' means the offering of
      a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing,
      or making available information via telecommunications, and includes electronic publishing,
      but does not include any use of any such capability for the management, control, or operation
      of a telecommunications system or the management of a telecommunications service.

      The FCC is just interpreting the laws that Congress has passed! And I agree with their interpretation. But that doesn't mean I agree that Cable companies should be able to keep their networks closed. I think that Data Services (people who deliver raw bandwith) should (probably) be regulated like Voice traffic and enforced competition. But the FCC really isnt' the one to blame, it's Congress. Write your Congress-person!

    4. Re:totally backwards by cpeterso · · Score: 0, Flamebait

      I disagree. I had @home (before it became AT&T Broadband) cable service. Sure the throughput was pretty fast, but my favorite part of the service was the Excite.com home page. When choosing between DSL and a cable modem, the My Excite! and Blue Mountain web sites are why I finally chose @home.

    5. Re:totally backwards by nickynicky9doors · · Score: 2

      The Status Quo Ante prevails simply because the internet is a cultural tsunami that existing institutions are incapable of servicing or managing. The cultural forces that are pushing the internet will reinvent most aspects of culture but the status quo ante everfearful of the new must struggle to redefine the future in the guise of the past and face known devils rather than face the unknown. When the going gets weird and 'the weird turn pro' the most part of society begins a cautious advance with it's back turned to the future.

      --

      heuristic algorithm seeks stochastic relationship
    6. Re:totally backwards by ethereal · · Score: 1

      If the law considers that "generating" or "retrieving information" via a telecom device makes it an information service, then literally everything you do with your telephone and cable line are an information service rather than a telecom service. I agree with you that that's the letter of the law, but it doesn't seem to match up with reality very well.

      --

      Your right to not believe: Americans United for Separation of Church and

    7. Re:totally backwards by Danse · · Score: 1

      Please tell me you were kidding. Please?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    8. Re:totally backwards by mofolotopo · · Score: 1

      Mine just dropped news access without dropping the price. It's the best of both worlds! For them, that is. I think it sucks.

    9. Re:totally backwards by oyenstikker · · Score: 2

      They don't care about 'We'. They care about Joe Average. 'We', the /. readers, know what we want and want to get it ourselves. Joe Average wants "that new-fangled internetty thing that uncle Jeb done got" or "to keep up with the Jones, who have the internet on their computer! We are better than them, so we'll get it too. Were do I buy the internet?" Joe Average wants one company to supply everything. Joe Average _needs_ one company to supply everything, because he doesn't want to spend hours and hours reading technical manuals to figure out how to do it all himself. And I really don't blame him.

      --
      The masses are the crack whores of religion.
    10. Re:totally backwards by Sloppy · · Score: 1

      Excuse me, but if you have internet connectivity, then what more do you need for web access????

      DNS.

      It is a Good Thing to have your DNS server few hops away, for performance reasons. It is an example of service that, IMHO, really should usually be provided by the same entity that provides conectivity.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    11. Re:totally backwards by Grue · · Score: 1
      Based on that same regulation (The Telecommunications Act of 1996), I would think that what the Cable broadband providers actually provide is closer to a Telecommunications Service then an Information Service. Here's the def. of a telecom. service:

      (51) TELECOMMUNICATIONS SERVICE- The term `telecommunications service' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.'.

      and "Telecommunications"

      (48) TELECOMMUNICATIONS- The term `telecommunications' means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

      And also, we can blame them both.. the FCC and congress. Because congress created the monster that is the FCC (don't get me started on low-power transmitting or auctioning of the spectrum.), and also because the executive does have the power to check the legislative. In fact, it's their responsibility.

      Josh

    12. Re:totally backwards by billnapier · · Score: 1

      Yes, with the exception of voice communications (when you actually call up somebody to talk). Though I guess you could consider talking to somebody "retrieving information", that not the interpretaion being used.

      Write your congressman and let them know how you feel. Maybe its time for another Telecom Act.

    13. Re:totally backwards by billnapier · · Score: 1

      The key to why cable-modem service is an information service is contained in your definition (48) of Telecommunications. "without changin in the form or content of the information as sent and recieved". The "form" of the information you receive through the your cable modem is (most likely) different then the "form" it was sent in. For WWW page loads coming into the network is probably TCP/IP over T1 and when it gets to you its TCP/IP over Cable (not sure what the standard is), so the "form" of the information has changed. May not be the best definition (I'm not sure if I agree with it), but it is the definition being used. Write your congressman if you disagree with the definition and urge them to reform the TA of 1996.

      And I agree that the executive does have the power to check the legislative. So the President should do something, but the FCC isn't part of the either branch, it is a seperate entity entirely.

  10. Re:Fp by Anonymous Coward · · Score: 0

    it is not entirely a telecommunications medium. that classification might apply to e-mail and chat, but it doesn't apply to the web, which is arguably the most visible part of the internet.

    there are good arguments to be made for both positions, (and whether or not you think cable companies should have to share access is irrelevant to what the internet actually is).

    acting like a spoiled child when something doesn't go your way is pathetic you whining AC...

  11. Quadruple-edged sort dept. by Anonymous Coward · · Score: 0

    They didn't cover that one in my algorithms class ... now, a quadruple-edged sword, that I may have heard of ...

  12. Surprised? by Anonymous Coward · · Score: 2, Interesting

    So one of the conditions of the AOL-Time Warner Merger was that they shared their lines with other ISPs and now this ruling says they do not have to? Something seems very fishy to me

  13. Law by analogy by crow · · Score: 5, Interesting

    The problem with technology and law is that we're dealing with new things. The government doesn't have specific rules for how to handle things, so it makes analogies to existing technologies. Those analogies are never perfect.

    In this case, is letting another company offer ISP services over your cable lines analogous to letting another company offer TV channels over your cable lines, or is it analogous to letting another long distance carrier complete calls to your phone customers.

    From my perspective, I don't see as this is a bad ruling from a legal perspective.

    1. Re:Law by analogy by Jerf · · Score: 5, Insightful

      In this case, is letting another company offer ISP services over your cable lines analogous to letting another company offer TV channels over your cable lines, or is it analogous to letting another long distance carrier complete calls to your phone customers.

      Errr, you are aware both of these things happen? Cable companies are obligated to provide local channels on their cable service, and whenever you call someone on the other side of the country, a different long distance service completes the call. By your own argument, then, this ruling makes no sense.

      You started off well, by ranting about the evils of analogies, but fell into the the trap yourself when you tried to draw some of your own.

      Let's stay out of analogies. This ruling hands all the power to the local monopoly. This never works out well, and I don't see why this will work out well this time, either. (This isn't an analogy, this is an observed historical pattern.) Higher prices and lower service, here we come!

    2. Re:Law by analogy by 4of12 · · Score: 3, Insightful

      problem with technology and law is that we're dealing with new things.

      Exactly.

      It looks so stupid to me that the rulings have come out differently, largely as a result of myopic readings of earlier rulings on the telco industry before the advent of digital technology.

      You can see where they're going to have to revisit and reverse the rulings because of two possible developments:

      1. The cable company ISPs customer's start using voice over IP for a gradually increasing share of their telephone service.
      2. The telephone company DSL lines get upgraded to the point where they can carry the odd digital cable channel.

      Since I'm on a roll right now, I'll just throw in my complaint that FCC regulation and sale of the EM spectrum does not appear to go into the visible. Wouldn't you rather that lighted billboards pay for the privilege of radiating into the environment?

      --
      "Provided by the management for your protection."
    3. Re:Law by analogy by cpeterso · · Score: 1

      AT&T Broadband already offers phone-over-cable. They send me junk mail about it every month.

    4. Re:Law by analogy by egburr · · Score: 1
      Since I'm on a roll right now, I'll just throw in my complaint that FCC regulation and sale of the EM spectrum does not appear to go into the visible. Wouldn't you rather that lighted billboards pay for the privilege of radiating into the environment?

      Oooh, I want to buy the section of the EM spectrum commonly known as "red". I will not license that out to anybody. Finally, no more red neon bars, no more red anywhere in any advertising. Hmm, maybe this will mean no more red lights even (or at least I will make a hefty chunk of change for traffic lights). :)

      --

      Edward Burr
      Having a smoking section in a restaurant is like having a peeing section in a swimming pool.
  14. So what? by Enry · · Score: 3, Interesting

    I guess as someone who can run his own servers (and does so) off a cable modem, I can't see why I would want to use ATTBI or Earthlink or AOL over my cable line. We've already seen what happens to DSL when Verizon points at Covad who points back at Verizon. There's the slight possibility that Earthlink (for example) might have a nicer TOS than ATTBI, but I doubt it.

    All *I* want from a provider is the following:

    Pipe (fast is preferable)
    If it's broke, go fix it.
    Don't bother me with anything else. I don't want your news feeds, I don't want your portal site, I don't want your e-mail offers, I don't want your e-mail server.

    So far, ATTBI is doing most of that. I have to prod them a few times if something gets real strange, but otherwise I've been very satisfied with the service I've received over the past 4 years.

    1. Re:So what? by spikedvodka · · Score: 1

      I've seen the same thing happen with a cable service. RoadRunner (AOL/TimeWarner) wasn't being athorative about their domain names, and was pointing to themselves as the autorative name server... it broke... it also took them about 72 hours to get that fixed...

      After a 2 day outage, my house finally switched from RoadRunner to Verizon DSL, and haven't had a problem since. We don't get any of their stuff, yeah we have access to their mail server, but we don't use it much.

      my point: it doesn't really matter, as long as you have your pipe, and the tpye of pipe shouldn't matter, so why the decision that 1 medium of transfering bits is different from another medium, and hence subject to different regulations

      --
      I will not give in to the terrorists. I will not become fearful.
    2. Re:So what? by clump · · Score: 5, Interesting
      All *I* want from a provider is the following:

      Pipe (fast is preferable)
      If it's broke, go fix it.
      Don't bother me with anything else. I don't want your news feeds, I don't want your portal site, I don't want your e-mail offers, I don't want your e-mail server.

      Does having more competition or less competition help you get what you want? If you have only one seller, is that seller more or less likely to care about your needs?

      Cable companies have enjoyed government protection for years. They are at a level they would not be at had the government not interfered. Funny though, its ok to take a government handout, but not ok to accept that there may be consequences to that handout?

    3. Re:So what? by jc42 · · Score: 3, Informative

      > So far, ATTBI is doing most of that.

      So have they stopped blocking ports 25 and 80 in your neighborhood? Around here, those are blocked. You can't run your own SMTP or HTTP servers, at least not on the standard port.

      Presumably this is because they're an "information service", by which they mean that if you start supplying information over their lines, you're a competitor and they'll shut you down.

      Hereabouts, if you want to put your family pictures up on your own web site, you're in violation of the TOS. You're supposed to put them on the web space that they give you "for free".

      Remember a few months back when people found that MSN was taking things like pictures from customers' web sites and using them in ads?

      "All your information are belong to us."

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    4. Re:So what? by EisPick · · Score: 2

      So have they stopped blocking ports 25 and 80 in your neighborhood?

      This doesn't make sense to me. If they were really blocking your outbound traffic on port 80, you wouldn't even be able to send http requests from a browser. Are they forcing you to use their proxy server?

    5. Re:So what? by Enry · · Score: 2

      They have not been blocked in over 6 months. I run HTTP, STMP, and SSH servers on my local box and it can be seen everywhere.

    6. Re:So what? by Enry · · Score: 2

      But we've seen what can happen by introducing competition into an existing monopoly. DSL is pretty much dead unless you're an ILEC.

      I'm not saying competition is bad, I'm saying that this competition won't get me anything with the laws and regulations as they are.

    7. Re:So what? by BurritoWarrior · · Score: 1

      They are blocking inbound connections to port 80, hence no one can reach your web server, unless you run it on 8080 or 8010 or something other than the traditional port.

    8. Re:So what? by DA-MAN · · Score: 1

      He said they are blocking port 25 & 80, incoming. Connections with the destination of port 80 or port 25 to his IP are not allowed. Not outgoing. Connections from his IP with the destination to port 80 or 25.

      I don't know about him, but I just checked and my IP was able to respond to both and I am on ATTBI. The only blocked port for me is Netbios, incoming port 136-139.

      --
      Can I get an eye poke?
      Dog House Forum
    9. Re:So what? by Anonymous Coward · · Score: 0

      That's the beauty of colocation. Just setup your server at a colocation site! Get a few friends together to cover the cost and you get your own fast shell server, web server, mail, DNS, whatever. I know I wouldn't want to be serving ANYTHING over my measily 256Kb/s upstream line on my ADSL. ;-)

    10. Re:So what? by Anonymous Coward · · Score: 1, Informative

      do you really have absolutely NO CLUE about how most firewalls work? as long as the original request was started internally, traffic can pass, but when the original request was started externally (ala http) boom, you run into a brick wall.

    11. Re:So what? by Courageous · · Score: 2

      If they were really blocking your outbound traffic on port 80...

      Inbound traffic is what they block.

      C//

    12. Re:So what? by EisPick · · Score: 2

      Okay, if they're blocking inbound traffic on port 80, how are they not screening out responses from Web servers when you're browsing?

    13. Re:So what? by jc42 · · Score: 2

      > He said they are blocking port 25 & 80, incoming.

      Actually, in rereading my message, I see that this wasn't actually stated. Of course, it's the only thing that makes sense in the context of the rest of the message. (It just didn't occur to me that a /. reader wouldn't understand. ;-)

      Also, I've been told by some friends in another part of the metro area that their port 25 is blocked in both directions. So outgoing mail has to be handed over to ATT's mailer. This is, of course, a huge waste of time for messages that could be delivered instantly.

      Presumably ATT wants all email messages stored on their machines so they can run software that examines it for interesting things. I can't think of any other reason they'd force such a gratuitous waste of their own disk space on customers. Lest anyone think this is paranoid, Ill remind you again that MSN was caught doing this sort of thing a few months back, and using contents of customers' data for their own commercial purposes. Do you trust ATT more than MS?

      Outgoing connections to port 25 work fine on my home machine. I sometimes like to demo email by doing "telnet 25" and typing the SMTP commands, including a "MAIL From: " line identifying the source as some celebrity. Then I challenge them to find evidence of where it really came from. This can be a real eye opener for people who are naive about the concept of email forgery. (Not that snail mail is much more difficult to forge.)

      (Some of my friends are accustomed to getting personal messages from dubya@whitehouse.gov, and know to send the reply back to me. One of these days one of them will get a real message from Georgie, and I'll get the reply. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    14. Re:So what? by Anonymous Coward · · Score: 0

      They're blocking inbound *connections*. The direction of a connection can trivially be determined. Read up on firewalls.

    15. Re:So what? by DA-MAN · · Score: 2, Informative

      Or pehaps they are doing something a little more repsonsible like not allowing their users to connect to outside open relays. This allows them to stop spammers on the fly or at least make their network a little less attractive to spammers. I personally think that's a good thing.

      I'd be pissed if their SMTP server, however, only allowed e-mail to be sent from the ATTBI.COM domain and I wasn't able to connect to outside SMTP servers, however that is not the case. In fact in my area I can both connect to outside mail servers and recieve connections on port 25. I'm just trying to dispell yet another conspiracy theory.

      Also what disk space is used to send an e-mail. Just the queue, and that empties itself after the message is delivered.

      --
      Can I get an eye poke?
      Dog House Forum
    16. Re:So what? by BurritoWarrior · · Score: 1

      Because responses from a web server's port 80 come back on a randomly assigned upper port (>1500) when you connect to the server.

      You can use netstat -an|more to see what you are connected to and what ports.

      HTH.

    17. Re:So what? by Phexro · · Score: 2

      "Okay, if they're blocking inbound traffic on port 80, how are they not screening out responses from Web servers when you're browsing?"

      TCP/IP uses a 3-way handshake. Approximately, it goes like this
      (c == client, e.g. system initiating the connection; s = server)

      c ---> s SYN
      c <--- s SYN+ACK
      c ---> s ACK

      (see this page for more information, e.g. sequence numbers)

      Therefore, any packet which is destined for port 80, and has only SYN set is a packet which initiates a connection.

      The command in Linux 2.4.x would be:

      IPTABLES -A input -j DROP -d a.b.c.d -p tcp --syn --dport 80

  15. come again? by spikedvodka · · Score: 0, Flamebait

    Ok, let me get this straight... DSL providers have to open their lines to competition, but Broadband providers dont.

    hrmmm...
    DSL: High Speed internet access
    Cable: High Speed internet access

    The differance being that the cable internet providers are also "content providers"? because they own 9 10ths of the media? ok... does anybody else see this as a problem (besides the obvious lack of meaningful content being provided)?

    I find it rather interesting that the FCCs lone democrat was the only vote against the decision... lets look at some parallels here, the M$ case

    Democrats in White House: Push M$ to court for being a monopoly; Democrat in the FCC: try to prevent monopolies

    Republicans in White house: let the M$ case slide, but try to keep face; Republicans in the FCC: go ahead, don't allow competition

    remind me again why we elected Bush?

    --
    I will not give in to the terrorists. I will not become fearful.
    1. Re:come again? by Anonymous Coward · · Score: 0

      Just to piss off partisan republican haters like yourself.

      :)

    2. Re:come again? by Anonymous Coward · · Score: 0

      We didn't, remember?

    3. Re:come again? by jyak · · Score: 0

      We didn't elect Bush. I voted for Gore who did, by the way, win the popular vote. Only if the Govoner of Florida was related to Gore....

    4. Re:come again? by Anonymous Coward · · Score: 0

      We didn't elect Gore. The popular vote doesn't exist. In fact, when Gore thought he was going to lose the popular vote but win the election, he was all set to state that the popular vote is irrelevent.

      On top of that, Bush would have won more votes if the media didn't keep announcing that the election was over before everyone had voted.

    5. Re:come again? by Anonymous Coward · · Score: 0

      [In fact, when Gore thought he was going to lose the popular vote but win the election, he was all set to state that the popular vote is irrelevent.]

      Where's your evidence? Or is this just another example of Right-Wing controled media's spin?

    6. Re:come again? by fishebulb · · Score: 2

      you didnt vote for bush, that makes no difference, the AMERICAN system for presidency always has been electorial vote. thats how it works, more electors voted for Bush than Gore.

      i personally dont like the electorial system, never have. but thats how it was at the time of the 2000 election. it should have been changed a hundred years or more ago. it should have been changed in 1999, but it wasnt. it should be changed and i hope it will.

      interesting sideline. under bushs plan for vote counting, he would win by roughly 500 votes, under gores plan, bush would still win, but by 1000+ votes.

    7. Re:come again? by Anonymous Coward · · Score: 0

      Wrong. Pick up Michael Moore's new book, Stupid White Men. Read the chapter on the 2000 election.

    8. Re:come again? by Anonymous Coward · · Score: 0

      He said it on a pre-election interview, it was predicted before the election this may happen, however it was the suspicion Gore would take the electoral college and Bush the Popular vote, so Gore was speaking to this in a pre-election interview, where he said the Electoral College is what counts.

    9. Re:come again? by Anonymous Coward · · Score: 0

      We should believe what Michael Moore says why? What's he still doing in America anyway, did he forget he promised to leave the country if Bush became president?

    10. Re:come again? by MeanJeans · · Score: 1

      "Ok, let me get this straight... DSL providers have to open their lines to competition, but Broadband providers dont. hrmmm... DSL: High Speed internet access Cable: High Speed internet access The differance being that the cable internet providers are also "content providers"? because they own 9 10ths of the media? ok... does anybody else see this as a problem (besides the obvious lack of meaningful content being provided)?" The difference is that cable Inet providers use cable infrastructure which has enjoyed local monopoly status since it's inception. This was the incentive that the government gave companies who were considering putting down the coin to build a cable infrastructure. The governement said, "you build, you own it". Since AT&T's breakup, Telco providers who own portions of the PSTN infrastructure (dial Inet/DSL Inet), have been required to allow modems on the network. Your phone company can not restrict what ISP you use. Allowing cable infrastructure owners to continue to hold a monopoly on ISP services for their customers is going to be the downfall of the free(liberty) Inet. AOL could certainly put an end to their IM "problems" by filtering what traffic is allowed on their cable.

      --
      =====
      imagetweak.netWeb-based image t
    11. Re:come again? by Anonymous Coward · · Score: 0

      The reason for the electoral college is because the president shouldn't be decided by the 10-15 largest cities in the US.

    12. Re:come again? by IronChef · · Score: 1

      I used to think the EC was silly too. But after the last election I started doing some research, and now I appreciate it. Do a google search for "electoral college defense" and you will find some interesting articles.

      In a nutshell, without the EC the few most populous states would carry every presidential election, and that ain't right. This isn't a pure democracy, it's a republic.

    13. Re:come again? by geekoid · · Score: 2

      changed to what?
      If its straight popular vote, only about 15 states will every hear from any federal poitical candidate.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  16. It sucks, but there IS a difference by Logic+Bomb · · Score: 5, Insightful

    Though the eventual effect of the ruling may stink, it can't be denied that in light of existing regulations the decision-makers have a point. The primary use of the lines in cable systems at this point is indeed information delivery, whether it be TV signals or data, and there are no open-access laws for info delivery services. It's sort of like the ruling declaring PayPal is not a bank noted in an earlier Slashdot story today. What these decisions recognize is that the underlying legal structure needs to be updated to better recognize new technologies. I think we tend to expect these pseudo-legislative regulatory agencies like the FCC to be the top-level policy makers in their domains. In reality, the Congress needs to deal with these issues so that the regulatory agencies can put fair rules in place.

    1. Re:It sucks, but there IS a difference by Jon+Howard · · Score: 3, Insightful

      The primary use of the lines in cable systems at this point is indeed information delivery, whether it be TV signals or data, and there are no open-access laws for info delivery services.

      The same is true of telephones and other communications devices. Strictly speaking, it's more than delivery when the data flows in two directions - that's what we call communication. I think it's pretty clear that information delivery is an attempt to recategorize something we already have laws to govern.

    2. Re:It sucks, but there IS a difference by quantaman · · Score: 2

      I see your point but the problem is " cable internet companies from having to share their lines to competition."
      The area of the service they are regulating here is entirly communicative. If they told the cable companies not to offer cable service to competing cable companies you'd have a point. However, here the fact that the primary use of the lines is information oriented (TV) is trivial. All I can derive from this is the government apparently considers the internet to be an information service and phone calls are the only reason the baby bells have to share. This stance of the internet being primarly as information service is in contradiction to even AOL adds.

      --
      I stole this Sig
  17. My Prediction by toupsie · · Score: 3, Interesting
    (b) cable companies limiting the content and services you can reach over their IP infrastructure

    This will never happen or if it does, it won't last long. The greatest way to lose a customer is to limit their choices with your product. The second my cable company says I can't visit xyz.com over their IP network, I get a new provider and tell my friends about it. Since, I don't think my response will be unique, I doubt that sort of policy will last for the cable company.

    However, I don't think this will cause a rapid rollout of IP over cable just a raising of the rates charged to customers.

    Cable is a dead tech anyways ready to be thrown on the trash heap with ISDN. I am sure the future of communications for the home user will be wireless. Just look at the telephone. There are now more cell phones than POTS phones in the US.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
    1. Re:My Prediction by Ed+Bugg · · Score: 1

      Cable is a dead tech anyways ready to be thrown on the trash heap with ISDN. I am sure the future of communications for the home user will be wireless.

      Wrong... at least for the forseeable future. The reason cable is big right now and will still be big in the near future is because there are lots of people that are in the boon-docks and are not near a wireless access point or can't get DSL. There's still lots of places in the US that still can't get ISDN.
      ISDN usage is actually on the rise right now because the demand for bandwidth is always rising (56k dial-up modems don't seem to be able to keep up with ma-pa web surfers that want instant access) and can't get DSL or cable (yes there are places in the US that cable companies haven't reached yet).

      Until then neither cable or ISDN will be dead. (Not to mention that ISDN will live on long after it is dead, as ATM)

      --
      -- Ed Bugg --You have freedom of choice, but not of consequences.--
    2. Re:My Prediction by KingKire64 · · Score: 2, Informative

      I largely agree with you analysis however i dont think you are right about a dead technology. I have to use cable at my new apt b/c dsl is not avialible. b4 i was paying $50 a month and my dl speed peaked at 80 K/s. Im paying $40 per month now with cable and am getting upwards of 250 K/s(Any time of the day). With a comparison like that i dont think cable is going to die anytime soon unless DSL providers get thier act together.

      --
      "All I can tell the "lesser of two evils" folks is that if they keep voting for evil, they'll keep getting evil."-Lp.org
    3. Re:My Prediction by brogdon · · Score: 5, Insightful

      "This will never happen or if it does, it won't last long. The greatest way to lose a customer is to limit their choices with your product. The second my cable company says I can't visit xyz.com over their IP network, I get a new provider and tell my friends about it"

      That's just the point. You won't be able to. Cable companies have a monopoly in their area because of the significant barrier to market involved with planting cable in an area. There's not enough ROI to justify the huge expense of laying the pipe when you're only going to get half the customers (on average).

      Thus when your cable company (who probably runs their own ISP like Comcast or has an exclusive agreement with one partner ISP) says "You can't run this P2P app, or go to these questionable sites or newsgroups", you're going to either deal with it, or start hooking a phoneline back into your PC.

      And yes, DSL is an alternative, but it's not available everywhere, so many people will have to deal with the possibility of choosing between a crappy cable monopoly and a dialup.

      --


      This tagline is umop apisdn.
    4. Re:My Prediction by billnapier · · Score: 1

      This will never happen or if it does, it won't last long. The greatest way to lose a customer is to limit their choices with your product. The second my cable company says I can't visit xyz.com over their IP network, I get a new provider and tell my friends about it. Since, I don't think my response will be unique, I doubt that sort of policy will last for the cable company

      Actually, it will be worse than just "you can't visit xyz.com". It will probably be more like "you can go to xyz.com, for $4.95 a month". While blocking a single site may not be that bad (after all, there are ways around it). How about when the Cable Company starts charging your for playing Quake on-line (or any on-line games for that matter).

      Remember who you are dealing with. Cable companies like the idea of "premuim service" (have you ever seen what channels are on the basic service?). They like the idea of "pay-per-view". If they are running your IP pipe, they will try and put their "Cable Views" into an IP world. DSL isn't much better, as the Telco's want to put their "Telco View" into an IP world.

    5. Re:My Prediction by splink+splink · · Score: 1

      WRONG!!!

      I live in Phoenix, AZ. Technically backward but theoretically I should have choices for high speed Internet. But I don't. Here are my options:

      (1) Cable modem from Cox - Reasonable pricing and improved performance since the divorce from @Home.
      (2) DSL from Qwest/Covad - I'm 10,000 ft. from the CO (I checked before I bought the house) but the actual run is just under 18,000 ft. so this isn't an option
      (3) ISDN from Covad - Available, but installation may be costly, bandwidth goes down, and the price doubles - but I get a static IP address.
      (4) Sprint Wireless - There's a big tree down the street sitting between my house and their tower at South Mountain. They think I might get partial connectivity if we put the little diamond on a 20 ft. long pole on the top of my house held down by seven wires, something the neighbors will love.
      (5) Dial-up

      So if I want high-speed access, cable modem is the only game for me. If Cox decides to limit access, force me through MSN/AOL/whatever, I effectively have no choice. And I'm better off than most people who only have one service option in their area.

      But what really strikes me as ironic is that Cox offers digital phone access over the same cable the FCC sees as a data only device. Someone needs to be slapped upside the head with a clue stick.

    6. Re:My Prediction by Courageous · · Score: 2

      I am sure the future of communications for the home user will be wireless.

      No way. Information theory just doesn't support this. Cell phones need precious little bandwidth. You can't say the same of data feeds which, while may not use gobs of bandwidth on average, chew it down at an insane pace in bursts.

      C//

    7. Re:My Prediction by LiENUS · · Score: 1

      and thats when you start hooking your phoneline back into your pc. if cox flaming internet starts blocking slashdot, i will probably start hooking my phoneline back up. it aint that big of a deal

    8. Re:My Prediction by ncc74656 · · Score: 2
      The reason cable is big right now and will still be big in the near future is because there are lots of people that are in the boon-docks and are not near a wireless access point or can't get DSL.

      ...and even if DSL is available, in some cases cable-modem service is cheaper and/or better. I have cable-modem service at home and use DSL at work. Sprint can't keep a DSL connection up to save itself; it's not unusual to have to reset the DSL modem once or twice a day to get it to reestablish its connection. By comparison, Cox doesn't have nearly as much trouble keeping its network running.

      For about the same amount of money, I can get 1.5 Mbps downstream via cable or 512 kbps downstream via DSL. Do the math. The one advantage of the DSL line is the faster upstream speed...it's SDSL. Upstream on the cable-modem line is 128 kbps...not blazing fast, but it's enough for a personal webserver that sees low-4-digit traffic every month and a personal mail server.

      (Yes, I can run whatever services on the cable-modem link that I want. Port 25 is blocked if you have a dynamic IP address, but static IPs are only $10 more. Basically, I have a fat pipe with a Supernews subscription thrown in for free...and that's all I want. Cox also runs mail servers, but the only mail I get through lvcm.com is the occasional message from dyndns.org.)

      --
      20 January 2017: the End of an Error.
    9. Re:My Prediction by pyrrho · · Score: 1

      true, but I think they need to worry. Cable is used to sitting on their laurels and assuming no one else can afford to grease the palms and use eminent domains, etc. etc. to get another set of cable in. They're right, but wireless looks to destroy that advantage. DSL and satelite are also providing some competition for broadband, but nothing seems to match the speed that local ISPs are rolling out wireless. I mean, one tech and a relatively small wad of cash and you are good to have your wireless network deployed on a time scale of months.

      --

      -pyrrho

    10. Re:My Prediction by richieb · · Score: 2
      Thus when your cable company (who probably runs their own ISP like Comcast or has an exclusive agreement with one partner ISP) says "You can't run this P2P app, or go to these questionable sites or newsgroups", you're going to either deal with it, or start hooking a phoneline back into your PC.

      I don't like the cable monopoly either. However, if cable companies are too restrictive with Internet access, people will be more motivated to switch.

      With wireless networks it is now possible to provide high speed internet, without having to actually run a wire to you house. There is an opportunity there...

      --
      ...richie - It is a good day to code.
    11. Re:My Prediction by richieb · · Score: 2
      Wrong! Read up about UWB. For example this Cringley column.

      --
      ...richie - It is a good day to code.
    12. Re:My Prediction by balloonpup · · Score: 1

      Yeah, same here!

      I live in Springfield, MA. This is the third largest city in MA. You'd think I have choices myself. This is what I have:

      (1) DSL from Qwest/Verizon -- Reasonable price, but funky outages and somewhat lousy support

      (2) ISDN from Verizon -- High price, same outages and support

      (3) Satellite -- Oop...my apartment doesn't have a southern exposure...and I live in a 'historic building'. I couldn't put one up if I wanted to
      (4) Cable modem from AT&T -- promised 5 years ago, still no service in the city. Heck, we're still on an A/B system!

      (5) Dialup

      If I want high-speed access, it's semistable DSL for me. If Verizon denies access...well, I'm screwed. They block port 80. Oh, well, if I want the speed, this is what I've got. Beautious.

      --
      I sing the doggie electric!
  18. why must this go on... by Ed+Bugg · · Score: 2, Insightful

    Arrgghhh, this actually burns me... I can't believe that cable companies are still allowed their monopolies in this day and age... With companies like Charter Communications predicting and running ads that they will be able to do everything for you in the video/audio spectrum in the near future (including phone service), how can you not classify them as a telecommunications company.

    I feel that more than likely the only reason they haven't rolled out phone service is that they, don't want to be classified and regulated as a telecommunications service, and stuff like this only just keeps them going.

    How long will it be before the is no difference between what "real" telecommunication companies and cable services. It's just the wire and the protocol that runs over it, but on top of that it's just data to both of them and they are providing the same services.

    The best thing a "Bell" company can do right now is setup a partnership with a video distribution company (Blockbuster) and start rolling out "Video on Demand" services. I don't think it would be hard for something like DSL connections to split off a few channels for video.

    --
    -- Ed Bugg --You have freedom of choice, but not of consequences.--
    1. Re:why must this go on... by BranMan · · Score: 1
      For the most part, cable companies were granted a monopoly by the city / town (s) they service. It's a bargain - comapny X is granted a monopoly on cable (no competition) in return for wiring everyone who wants cable, no exceptions (also maybe for uniform pricing - can't change anyone more than anyone else for the same service), plus maybe a mandated free level of cable (local air channels plus public access channels usually)

      Want to bitch about a cable company monopoly? Talk to your city council. Don't come whining about it here. There's good reason for the monopolies - inspect your local cable company's charter. It's all in there.

    2. Re:why must this go on... by Anonymous Coward · · Score: 0

      As I am a Charter Communications employee I'd like to state that we do see ourselves as a type of telecommunications company. We offer telephony, pager, video, and high speed data services and have plans to keep expanding our market by purchasing companies that specialize in similiar technologies such as wireless communications.

    3. Re:why must this go on... by Anonymous Coward · · Score: 0

      oh and for the record blockbuster doesn't own the rights to "Video on Demand", thats a service that my company, Charter Comm. is rolling that out. Blockbust owns afaik inDemand ppv programming. It's not a very good time to be taking out Blockbuster stock.

    4. Re:why must this go on... by Nick · · Score: 1

      Arrgghhh, this actually burns me... I can't believe that cable companies are still allowed their monopolies in this day and age... With companies like Charter Communications predicting and running ads that they will be able to do everything for you in the video/audio spectrum in the near future (including phone service), how can you not classify them as a telecommunications company.

      It's funny how everyone classifies cable companies as evil monopolies. If you don't like it, start your own. Don't tell me this is impossible either, because I know firsthand of other cable companies moving into town and "overbuilding" the lines if they refuse to be bought out. It happens more then you think and there's nothing monopolistic about it either.

      I feel that more than likely the only reason they haven't rolled out phone service is that they, don't want to be classified and regulated as a telecommunications service, and stuff like this only just keeps them going.

      Or maybe it's because something required like say a Nortel switch costs about $5 Million or so? That's something you just don't buy on a whim. For a cable to offer telephone service many things have to happen:

      1. The equipment such as the switch, you're already down a few million.

      2. New billing software, and you must integrate this with the existing software. A royal pain the ass and yet another company to pay hundreds of thousands yearly to.

      3. Getting the current phone company such as Bell to play nice in getting this setup. They will play dirty tricks, they will try to fuck you over, and it will take several complaints to the FCC and your states CC as well.

      4. All curent hardware must be upgraded in the field, lines need voltage increased. This is not fun for everyone involved as you must take all data/video service offline for a day or two.

      There are way too many other minor caveats and issues to list as well. But summarize, adding telephone service to ones cable company is something you don't want to take too lightly.

      --
      Fuck Ajit Pai
    5. Re:why must this go on... by Anonymous Coward · · Score: 0

      Any cable company can install their cable in an established market. Whether or not its profitable for them to "OVERBUILD" on an exisiting company is usually the deciding factor. That's why you usually have overbuilds in upcoming suburbuan areas where theres a growing user base for new customers that would make it resonable to install lines.

    6. Re:why must this go on... by Anonymous Coward · · Score: 0

      The other thing for phone service is that your required to have 99.99% uptime. Imagine if your phone service went down when you needed to call 911. For most cable areas, the hardware isn't quite there yet, we beta test them in the charter call center I work at.

    7. Re:why must this go on... by balloonpup · · Score: 1

      Seriously! I work for a company (no, I won't say which one) that provides cable TV, cable modem, DSL, telephone, and some wireless service! How do they expect to regulate that?

      --
      I sing the doggie electric!
  19. How does this affect the Time Warner / AOL merger? by Anonymous Coward · · Score: 1

    There is no information on whether this ruling will override the Time Warner / AOL ruling that required competing companies to be allowed access to their cable network.

    Does this override that ruling???????????

  20. What's up, Ma Warner? by DaveWood · · Score: 2

    Thereby proving, yet again, that our government's regulatory and judicial agencies are, in their current form, unable to resist influence by sufficiently large, wealthy, and "powerful" companies which they are supposed to police.

    Oh, you can make all kinds of arguments about how competition on these kinds of networks doesn't really make sense, but these are primarily engineering arguments. Yet the best decision seems to be to allow competition, because the overwhelming, extremely repetitive evidence is that allowing too much vertical integration in infrastructure industries like telecom results in abominable prices and worse service.

    Or perhaps somebody actually believes this semantic hair-splitting nonsense about about cable being an "information" carrier rather than a "telephony" carrier?

  21. They still have to behave... by OneFix · · Score: 1

    If they start screwing around with their customers, they will leave for DSL/Wireless/etc. The larger cable companies have to realize that if they stop giving their customers their moneys worth, they will go elsewhere.

    Many places are no longer limited in how they can choose to get their broadband access. Most places can get Wireless broadband, and many can get some sort of DSL.

    Personally, I don't see this decision having any real long term impact...

  22. This is a good thing!!! by Anonymous Coward · · Score: 0

    I used to have DSL provided by a company that had to share the line. We were forced to use PPPoE. A terrible protocl, which anyone who's ever used it can attest to. I have sinced moved and my new telco is the only game in town and as such offers DHCP and just regular old ethernet down the DSL line.

    Monopoly's aren't a good thing, but when competition starts to affect the end user in a negative way, I'm all for monopolys.

    1. Re:This is a good thing!!! by J'raxis · · Score: 1

      You think you were forced to use PPPoE because your ISP was sharing some other companys lines? Verizon forces their customers to use PPPoE, too. Verizon (a new name for a merger of two megacorps, Bell Atlantic and Nynex) also owns an assload of these lines. So what was your point again?

  23. how about a little technical reality? by iritant · · Score: 1

    Guys,

    I can't get upset over this one. Whereas you have what amounts to structured wiring in a telco CO you have shared media in the cable environment. And, the router actually terminates the cable (think a Cisco 7246). So there's a lot less hardware.

    No DSLAM. No separate L2 infrastructure. So what are we talking about here? Allocating frequencies on the cable? There are only so many. How do you decide who gets one?

    Eliot

  24. What should the policy be? by crow · · Score: 3, Interesting

    It seems the editorial position here is that cable companies should be forced to allow other ISPs access. I'm not sure that's the right way of doing it.

    The real question is whether you define operating the cable network (the physical network) as a separate business from providing data over that network. With current cable systems, the business of providing content and the business of providing connections are one and the same. At some point, it might become practical to change that, much like some states have done with electricity. You would get a separate bill for having a live cable connected to your house from the bill for whatever television content you received, quite possibly from separate companies.

  25. Bureaucracies and Convergence by anonicon · · Score: 2

    Hmmm. Between the recent law that will efectively allow Baby Bells to kill off their DSL competition and this decision that shuts competition off from cable networks, I see the great convergence for broadband will be coming sooner rather than later.

    Traditionally cable companies provided an optional service - cable TV (not really as critical as the phone). I have to wonder when cable companies will be forced (again) to open up their broadband networks to competition since their technology isn't substantially different to the enduser than DSL is (although usually much faster). If or when that happens, here's hoping that the prices actually go down - so far massive telecom deregulation has had the market effect of raising prices. Gotta love paying $27 a month for basic telephone service with touchtone...

    1. Re:Bureaucracies and Convergence by dada21 · · Score: 2

      Its not deregulation that makes it $27 a month. Its the fact that other regulations prevent competitors from coming in and running their own lines to attempt to break into the market. It's the fact that cell phone minutes get cheaper and cheaper, and its IS getting more and more expensive to support the old land line format as more customers drop it (my ex-wife's apartment complex has almost 30% without local phone service). Let them charge $27 a month. Eventually, a competitor will come, and when they do, you'll say goodbye to your local phone company, maybe forever.

  26. fa! by Anonymous Coward · · Score: 0

    It's a start. Might help if they considered dumping a lot more "analog-era" regulations as well.

  27. Needs to be Risk and Well as Reward Sharing by Aaron+M.+Renn · · Score: 1

    When you consider mandatory line sharing on cable modems, I think we need to consider the risk side as well as the reward. Cable companies are going to have to spend billions to upgrade cable plant to support broadband services. A number of ISP's want to be able to piggyback on this capital investment by essentially spending incremental capital to deploy services. If cable modems flop or are superseeded by new technologies, these ISP's simply cancel their wholesale line orders and the cable company is left holding the bag on its multi-billion capital investment. The only fair way to have mandated line sharing is to force the ISP's who want to take advantage of it to put their own capital at risk on the network buildout. In fact, I'm confident that if an ISP went to a cable company and said, "I'll split the cost of upgrading your plant for cable modems if you let me buy wholesale service at a nicely discounted rate", I think you'd find plenty of takers, particularly in today's tight capital markets.

  28. Cable providing by tcbent · · Score: 1

    I work for Telco company in New Zealand that has extensive CATV infrastructure in two of the biggest cities in the country. The company has its own ISP, and has just recently been merged with another company that also had its own ISP.

    Despite this, everyone is keen on making sure as many ISPs as possible in New Zealand have access to our CATV network. The reason? If we get a cable modem in a house, chances are we can sell them cable TV and a couple of phone lines and make even more money, as well as sell the ISP lots of bandwidth on our backbone up and down the country.

    Sharing access is a good thing for cable companies to do, if they can use it to sell more services and get a slice!

    1. Re:Cable providing by Anonymous Coward · · Score: 0

      Yep! The MS method - license it!

      ac

  29. The Absurdity Is In the Distinctions We Make by FreeUser · · Score: 5, Insightful

    Though the eventual effect of the ruling may stink, it can't be denied that in light of existing regulations the decision-makers have a point. The primary use of the lines in cable systems at this point is indeed information delivery, whether it be TV signals or data, and there are no open-access laws for info delivery services.

    Once the information becomes bidirectional it can no longer reasonably be called "delivery."

    But then, the entire notion of applying one set of rules to communications links that carry primarilly voice, vs. another set of rules for (often the same) infrastructure that primarilly carries digital (computer) data, vs. yet another set of rules for (often the same) infrastructure that primarilly carries video/entertainment data demonstrates how completely head-up-their-ass our government regulators really are.

    It is absurd.

    ISPs should operate under the same rules as Telcos and Cable providors, with the same priveleges (common carrier status) and the same requirements (allowing access by competitors to their wire/fibre/subspace beakon). Ideally, the latter should be nationalized (a dirty word, I know, but better than the mess we have now) and treated like a public road, with ISPs, Cable providors, and Telcos accessing the hardwire infrastructure under the same conditions and rules. Then, and only then, will we have real competition, and a flourishing market, in all of these arenas.

    --
    The Future of Human Evolution: Autonomy
    1. Re:The Absurdity Is In the Distinctions We Make by bob_clippy · · Score: 1
      The ruling is not necessarily absurd. Yes, the pipes into our homes from the phone and cable companies are more alike than they are different (there are important differences, but they can be managed through protocols and service provider agreements). The FTC's (Powell's) perspective is that antitrust enforcement is basically intrusive, so it should only be applied where absolutely necessarily to protect consumers (Microsoft?) or there is considerable historical precedent. Telecommunications has been heavily regulated because universal phone communication has been seen as a necessity for both individuals and society. So far, high speed internet service is not seen in the same light.

      Besides, entrepreneurs lay awake nights thinking of novel ways (wireless) of getting data pipes into the home. By your argument they would count as telecommunication providers too. Do we want to set a regulatory roadblock that would prevent them from making a killing, but maybe provide tremendous value for consumers at the same time?

      --

      -- Nobody should take away Microsoft's freedom to innovate, particularly since they haven't used it yet

    2. Re:The Absurdity Is In the Distinctions We Make by Schrodinger's+Mouse · · Score: 1

      It can be considered "delivery" once it's bidirectional - they deliver content from the outside world to your TV or computer, and they deliver content from your computer to the outside world. Similarly, the Postal Service delivers letters from elsewhere to your mailbox and (provided you've got a stamp) from your mailbox to elsewhere.

      And cable television providers are not under the same rules as telcos - they contract with local governments, who typically guarantee monopoly within a particular geographic area in exchange for universal availability of service and public access programming. These contracts are outside the realm of the FCC but well within the jurisdiction of the Department of Justice.

      Finally, the federal government has not built or maintained roads since the National Road was built from Washington to Vandalia, IL. Since then they've given the states money to build federal highways, which the states are then responsible for maintaining.

      --

      *****

      There are many people in this country who, through no fault of their own, are sane.

    3. Re:The Absurdity Is In the Distinctions We Make by FreeUser · · Score: 2

      Finally, the federal government has not built or maintained roads since the National Road was built from Washington to Vandalia, IL. Since then they've given the states money to build federal highways, which the states are then responsible for maintaining.

      Which would be a perfectly fine solution, but to get there you have to first nationalize the infrastructure. Then, if you want, turn it over to the states for management and maintenance. But this local monopoly on the one information road into my home is rediculous, and far more damaging than the government equivelent would be.

      There are some areas government needs to be involved in, like roads and information highways and the maintenance of a public commons, if you want to have any kind of non-monopoly marketplace whatsoever.

      --
      The Future of Human Evolution: Autonomy
    4. Re:The Absurdity Is In the Distinctions We Make by Graymalkin · · Score: 2

      ISPs should not be forced to operate under the same guidelines as common carriers because they are not carriers. ISPs do not carry traffic, telecom companies carry traffic. An ISP just provides a POP, a transition point between the virtual and real, for the customer. Almost all of an ISP's service is virtual and thus cannot carry traffic which would make regulating them as a carrier ridiculous.

      Saying the status of "delivery" is contingent on the bidirectional nature of the data path is ludicrous. The cable companies provide the carrier equipment for data. Actually carrying the data makes them a delivery service.

      --
      I'm a loner Dottie, a Rebel.
    5. Re:The Absurdity Is In the Distinctions We Make by Cyno · · Score: 1


      Can you show me some evidence to back up your claim that the local monopoly on the one information road into your home would or could exist, or how it could be more damanging than a national or global monopoly. This is why I think wireless will replace the internet as we know it. People will solve these problems for themselves and leave the legislators drooling retardedly on their laws. The biggest problem for wireless that I can see is a routing protocol that could handle a single global network, mostly because I don't know that much about modern routing protocols.

    6. Re:The Absurdity Is In the Distinctions We Make by billnapier · · Score: 1
      And cable television providers are not under the same rules as telcos - they contract with local governments, who typically guarantee monopoly within a particular geographic area in exchange for universal availability of service and public access programming. These contracts are outside the realm of the FCC but well within the jurisdiction of the Department of Justice.

      While I'm not sure about the jurisdiction of those contracts, I am sure that Cable Television falls squarely under the the jursidiction of the FCC. Check out theTelecom Act of 1934 which created the FCC and gives it jursidiction over "wire and radio communication services".

    7. Re:The Absurdity Is In the Distinctions We Make by Grue · · Score: 1
      For evidence to back up the claim that a socialized (I know, it's a *naughty* word here in the US) broadband would work, look no further than Canada, where they have roughly double the percent of households with broadband.

      As for your second issue, a nationwide wireless network might be stretching it, and there are a lot of issues still in need of work (naming, service location, etc.). But do a search on ad-hoc wireless networking, and you'll find protocol info. Look up info on Charles E. Perkins too, he's done a lot of work on that shit.. very cool tech, lots if potentials :)

      Josh

  30. Nope, not really by DaveWood · · Score: 2

    The primary purpose of cable lines was information delivery, before we started using them to carry internet traffic.

    The very networking functionality being "regulated" here puts the lie to your assertion. Delivery is no longer the only significant purpose of cable, and it's not in any way the purpose of cable broadband.

  31. Nationlalize the "last mile"! by BetaRelease · · Score: 1

    The problem has always been that whoever owns the "last mile" is king.

    What if the US Federal Govt. were to take over the last mile, i.e. POTS and cable? All ISP's, Broadband providers, content providers, etc. will not have access to those lines. (and pay the govt. mandated rates)

    The consumer will become king and will have an array of choices. All potential providers are now on the same footing, having to compete on price, service and content.

    1. Re:Nationlalize the "last mile"! by Anonymous Coward · · Score: 0

      If you are reading this, you most likely have no social skills.

      You are correct sir.

  32. One Question: by Anonymous Coward · · Score: 0

    Cable television is classified as an "information service" despite the fact that the cable company doesn't own NBC, ABC, FOX, The weather channel, PBS, etc.

    just because someone else makes the content doesn't make them a telecommunications service...


    Does this now mean that the cable companies can no longer claim "common carrier" status for the Internet services they provide to you, and hence can now be held accountable and liable for "damages done" via that network link?

  33. "Kill all Muslims"? by JustAnother+AI · · Score: 1, Funny

    I hope your jokeing. But just to let you know your not funny

    --
    You thought you were special...Don't worry you were prgramed that way.
  34. AT&T (is|was) opening their lines by Anonymous Coward · · Score: 0

    Just read yesterday in the Oregonian that AT&T Broadband was going to open their lines up and allow outside ISPs to provide service... guess now they can go back on their word, and go back to playing Monopoly.

    1. Re:AT&T (is|was) opening their lines by Anonymous Coward · · Score: 0
  35. Disagree by DaveWood · · Score: 2

    You can't lose customers if there's no one to switch to. Since the FCC regulates regional cable monopolies, that only leaves the phone company, which may or may not offer comparable service.

    1. Re:Disagree by the_2nd_coming · · Score: 2

      DSL if you are lucky, and Satelite too.

      I want to know what the heck is in the FCC's head that they think Monopolies are a good way to go for things like this?

      I think they keep thinking back to the turn of the century, when there were 50 phone companys and each had their own line running through town.

      to bad the FCC to to stupid to realize that technology has moved beyond the one carrier per line limit.

      --



      I am the Alpha and the Omega-3
  36. umm, ya got it backwards by GMontag · · Score: 5, Informative

    So one of the conditions of the AOL-Time Warner Merger was that they shared their lines with other ISPs and now this ruling says they do not have to? Something seems very fishy to me

    This ruling is that cable providers do not need to share lines UNLESS they have been specifically told to do so, like AOL-Time Warner was told as a requirement of their merger.

    So, in this case, the "big mean corp" is the one forced to share.

    From the portion of the article fully visible above:
    Unlike telephone companies, cable companies are required only to share their lines when specifically told to by the government. As a condition of the AOL Time Warner merger, that company was forced to offer its consumers a choice of Internet service providers on its high-speed lines.

    1. Re:umm, ya got it backwards by unitron · · Score: 2

      AOL-Time Warner is sharing. They're offering the consumers the choice between Roadrunner (which they own) and AOL (which they own). No monopoly there, right?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  37. Ironic by mjh · · Score: 5, Informative
    Just today I called up Earthlink to switch from my Time Warner Road Runner account to their competing service which exists entirely as a condition of the merger between the AOL & TW.

    The Earthlink has a whole bunch of advantages of the RR account.

    • It's cheaper
    • It provides free, nationwide unlimited dialup
    • It allows me to run servers
    • It has no installation cost
    • and it will soon have reasonably priced static IP addresses (additional $15/mo for Earthlink vs additional $150/mo for RR!)

    This is what competition does. I find it short sited that the government grants a monopoly to the cable company by not letting anyone else lay cable, but then doesn't turn around and enforce shared access! It's just luck that AOL/TW is being forced to open up their access.

    --
    Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    1. Re:Ironic by Courageous · · Score: 2

      I find it short sited that the government grants a monopoly to the cable company by not letting anyone else lay cable...

      They don't. For example, here in San Diego, any cable company can compete with the other cable companies. Theoretically. But of course they _don't_. It would be too expensive, because by definition if you do this, you decrease the cable-length:customer-density ratio.

      C//

    2. Re:Ironic by saikou · · Score: 1

      Earthlink does not have that advantage in Austin.
      It might depend on Area but:
      TWA RR in austin is cheaper than Earthlink ($39.95)
      It has had free installation for a long time
      Same speed, tech support, refunds for those rare times when it's down.
      Earthlink says in it's agreement that:

      Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited.

      If it isn't the same as prohibition to maintain web server... :)
      Though at $8/month hosting is now cheap for almost everyone

    3. Re:Ironic by mjh · · Score: 2

      TW RR in Charlotte is $44.95/mo.

      Where do you get $8/mo hosting?

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    4. Re:Ironic by phriedom · · Score: 1

      But aren't you talking about two different "the government" as if they are the same? Doesn't the local government grant the monopoly, and still have the ability to impose shared access on the cable company? The story is that the fedral court is finding that the fedral law doesn't change this.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    5. Re:Ironic by Anonymous Coward · · Score: 0

      Only $7/month, not $8, including a domain name:
      servercentral.net

    6. Re:Ironic by balloonpup · · Score: 1

      $8/mo hosting: Ecoutez.net or OC12 Hosting

      --
      I sing the doggie electric!
  38. Visit ICTexpo! by Anonymous Coward · · Score: 0

    Visit ICTexpo, the Main Event in 2002!

  39. And in incredibly ironic related news... by danyoung · · Score: 1

    AT&T Broadband has chosen to allow Earthlink to serve customers on their network in the Seattle and Boston area, with Oregon to follow. The Portland, OR area's Mount Hood Cable Regulatory Commission was one of the organizations which first sued to try to force AT&T to allow other ISPs on their network. MHCRC loses the suit and now ATTBI allows Earthlink as an "alternative". Too bad their as draconian as any most super-sized ISP...

  40. There is a serious lack of understanding here... by NetRanger · · Score: 1

    ...before you start bitching and moaning about the cable companies not having to open up their lines to competition, remember that:

    (A) The Telco's use government subsidies to build their monopolies. That's why they now have to pay the piper.

    (B) Cable companies did it with all their own pennies. They get jack from the government; it's all from subscriber fees.

    So frankly I think this ruling is damn fair. Just because you build a successful business doesn't mean you owe the world a piece of your action.

    --
    -- We live in a world where lemonade is artificial and soap has real lemon.
  41. wrongo. by El+Camino+SS · · Score: 3, Interesting


    There are now more cell phones than POTS phones in the US.

    Riiiiiiight. I believe you.

    I am sure the future of communications for the home user will be wireless.

    Yeah, once you figure out a scheme to keep information in the open air safe, secure, impossible to have multipath issues, clean signal strengths 100% of the time, and a way to cram fiber bandqwidth quality routing hubs over the EM spectrum WHICH BY ITS VERY NATURE IS LIMITED.

    Good luck. I would suggest you smoke more drugs.

    1. Re:wrongo. by Neon_Mango · · Score: 1

      Not sure why I'm burning karma BUT

      1. Cable or DSL are NOT secure, unless you encrypt the traffic it's not secure PERIOD.

      2. Hell with Cable modems you don't get "clean signal strength". My friend's cable connection was down for 3 weeks about 4 months ago.

      3. You don't need to cram "fiber bandwidth" down a pipe. Right now I get 1.5 mbit/sec down (200 k/sec) with my cable modem thats not exactly "fiber bandwidth."

      4. And we would have more bandwidth if the spectrums were better managed and more of it were released for commercial US.

  42. I hate to point this out... by GMontag · · Score: 2

    Warner is the ONLY company mentioned in this post that CONTINUES to be regulated.

    So, I am missing how your pointing to them in your subject line has anything to do with your first statement:

    Thereby proving, yet again, that our government's regulatory and judicial agencies are, in their current form, unable to resist influence by sufficiently large, wealthy, and "powerful" companies which they are supposed to police.

    Perhaps if you can revise your statement and use a company that has actually been able to buy influence (sorry, don't try Enron, all of their influence was with a prior administration, the current beurocrats ignored them and ignored the beurocrats they replaced last year) your post might read a little better.

    1. Re:I hate to point this out... by DaveWood · · Score: 2

      Oh look, a republican spinmeister. Troll on, brother...

      Anyone who does think for themselves can read about Enron here...

      HINT: People believe your parrot-head antics more often when you learn to spell.

    2. Re:I hate to point this out... by Anonymous Coward · · Score: 0

      you flaming faggot, Maggie Thatcher has more testosterone in her than you ever did.

      try posting something relevant instead of bitching like a little girl for once. every post you make is some panty waist bullshit. the other guy made a point, so try to refute it instead of having a hissy fit that he could point out how stupid you really are without name calling.

      I would have e-mailed this if you were man enough to have an e-mail address on your account, pussyboy.

    3. Re:I hate to point this out... by DaveWood · · Score: 2

      Hah. Hahahahahahaha. :)

  43. Nothing exists anymore... by swagr · · Score: 2

    ...except inconsistencies, found between the lines of legal documents. They are the ONLY thing that matters in today's Business world - and since money is the only thing that talks these days - the only things that matter period.

    great.

    --

    -... --- .-. . -.. ..--..
    1. Re:Nothing exists anymore... by geekoid · · Score: 2

      No, votes count. If more people would make informative votes, it would be less of a problem.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  44. Competition Doesn't Make Sense With Roads Either by FreeUser · · Score: 2

    Oh, you can make all kinds of arguments about how competition on these kinds of networks doesn't really make sense, but these are primarily engineering arguments.

    And they are misapplied arguments to boot. Comeptition with respect to roads and highways doesn't make much sense either, unless you want to pave the planet and have ten streets servicing your driveway.

    The solution is simple. Make the road a public commons, accessible to all under the same terms and paid for as a public works, and allow competition to flourish where it does make sense: with car companies, shipping companies, taxicab companies, bicycles, etc.

    Substitute "cable," or "fibre" for road and "ISP," "Telco," and "Cable Providor" for car companies, shipping companies, etc. and you get the idea.

    The only way we are NOT going to have monopolies is by nationalizing the infrastructure and allowing business to compete for our patronage using the common, public wire on an equal basis.

    --
    The Future of Human Evolution: Autonomy
  45. Local Regulation is the problem by mc6809e · · Score: 2, Interesting

    The biggest thing holding broadband back is local regulation. More than 90% of cable companies have their local monopoly because the local government has created it. So you want to start your own cable company? Good luck trying to get the city to sell you a franchise. Local governments don't like the competition because they get a cut of the money the local monopoly makes. Competition would mean less money for them.

    Want to string up your own telephone lines? Sorry....you're not allowed to do that either. Hey they're just trying to "protect the public."

    This is not a national issue. Its 1000's of local governments standing in the way.

    1. Re:Local Regulation is the problem by Courageous · · Score: 2

      You're correct. But really, the regulation or lack thereof doesn't actually change anything. Here in San Diego, cable companies are free to compete across eachother's territories. None of them do, however. If you contemplate the situation for a while on your own, you'll see that it simply makes little sense for them to do so: competition decreases the wire:customer density, and that increases expenses notably.

      C//

    2. Re:Local Regulation is the problem by dada21 · · Score: 2

      And nothing prevents you from getting a few investors in your town and starting your own cable company. Get a few C-band satellite dish receivers, and distribute. If its too expensive to do it and sell service cheaper than the one who is servicing you now, there's your answer. If its cheaper, then why aren't you turning a profit?

  46. is this correct? by Anonymous Coward · · Score: 1, Interesting

    one monor point I think people are missing.
    now tell me if im wrong here..
    If I rember corectly. The Telco backbone and infrastructure was payed for by the / government / i.e taxpayers.. and given to the telcos as a public trust..

    and the cable companys, from what I understand [tell me if im wrong] built up there backbone on there own. Am I correct?

    If this is true it make perfect sence why Telcos have to open thier lines while the Cable Co's dont.

    1. Re:is this correct? by karmawarrior · · Score: 2

      The telephone network in the US, at least, was built using private investment, predominantly by AT&T. The bulk of the increadibly expensive bit though was done 50-100 years ago, whereas the CATV lines are 20-30 years old.

      --
      KMSMA (WWBD?)
    2. Re:is this correct? by Anonymous Coward · · Score: 0
      now tell me if im wrong here..
      OK. You're wrong. The cable companies were subsidized from the get go. Rights of way. Legal monopolies.
  47. Re:come again? Slightly offtopic by praedor · · Score: 1

    ...as to why "we" elected Bush, WE DIDN'T. We the people elected Gore (he won the popular vote which is us. Bush won the electoral bullshit vote.

    --
    In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  48. If you have any doubts.. by ftobin · · Score: 3, Informative

    If you have any doubts on which way the decision should have gone, you should read The Future of Ideas by Lawrence Lessig. In it, he explains how we accidentally got to this system of telephone companies being required to not control the content of the lines, even though they control the wiring and switches, but on the other hand, cable companies are allowed to completely control the wiring, connectors (cable boxes), and content.

    The internet is the way it is (great, that is), due to lack of control over the content. For example, I can talk however I want to another computer on the internet, just as long as I abide by a few rules (e.g., using IP). The potential for innovation is great when you have an open-content and open-controls (routers, firewalls) system.

    At line point AT&T owned the entire telephone network, being granted a government-approved monopoly. At this time, however, you weren't allowed to connect non-approved devices to any part of the network. This was done to ensure the 'stability' of the network (the trusted-client ideology). When the monster was broken up, these restrictions were removed, and this helped ensure the Internet could grow over the telephone lines (e.g., everyone could connect their own modem without needing approval).

    With cable companies controlling every aspect of communication, however, the potential for innovation is extremely limited. Having to ask for permission to communicate on a network entirely destroys the freedom to experiment and try new ideas. This is why cable companies should be regulated like telephone companies.

    Quoting from the book:

    The argument of the cable industry in favor of monopoly was simple: We need, they argued, incentives to risk the investment to build out cable TV. That build-out would be worth it to us only if we could be certain to recover out investment. This certainty would be adequately provided if we had complete control over the programming on our network. If we get to pick and choose the shows we run, and we get protected monopoly status in the local markets we run cable for, then we will have sufficient incentive to build out cable to secure our needs.

    Not a bad deal, if you can get it. And even though "every major policy on how cable should be regulated recommended that cable operators be required to provide at least some degree of non-discrimatory access to unaffiliated program supliers," Congress and the FCC ignored these recommendations. Cable was given control over the physical infrastructure that build their network and over the code layer that made their network run.

    I could go on and on, but I strongly recommend you read "The Future of Ideas". Lessig is technically-aware, but he writes to layman. He is a master of the arguments for freedom in cyberspace.

    It's interesting to also note that DSL, since it is deemed a communications network, is regulatory-required to be 'open'. This means the telephone companies are forced to allow other ISP competition to use DSL lines.

    1. Re:If you have any doubts.. by karmawarrior · · Score: 2
      At line point AT&T owned the entire telephone network, being granted a government-approved monopoly.
      Can we, at least, nail this myth on the head? AT&T never had a government-approved monopoly. What it had was a practical monopoly, competition was close to impossible because to compete, one had to dig up roads to areas where you might, in a fair world, get 50% market penetration, and where, without the active, supporting, help of AT&T you would have a network that would initially have nobody phonable.

      AT&T accepted regulation, given it knew it faced potential structural changes or even wholesale nationalisation if it was seen by the voters, and thus the government, as anti-consumer. But whenever the government saw an opportunity to introduce competition with AT&T's active help, the government did step in and force the issue.

      The reason for the successful break-up of AT&T wasn't that it had unlawfully obtained a monopoly or that the government had "given" it one and had changed its mind, it was that the government wanted to make use of new technologies to encourage competitors, and needed AT&T to proactively help those competitiors to work. Needless to say, Ma Bell wasn't happy about this, and stonewalled.

      Having a monopoly because you're first, and it's just too difficult for others to get into the market without you actively helping, is very different from having one because the government has declared you the only rightful operator (as in, say, the Post Office, ironically constitutionally mandated so those pesky libertarians can't do a thing about it hehe, or through ownership of a patent, or whatever), or because, as in Microsoft's or Standard Oil's case, you've cut off the air supply to competitors, blackmailing your suppliers and customers to prevent potential competitors from being able to get off the ground.

      --
      KMSMA (WWBD?)
    2. Re:If you have any doubts.. by ftobin · · Score: 2

      Can we, at least, nail this myth on the head? AT&T never had a government-approved monopoly. What it had was a practical monopoly, competition was close to impossible because to compete, one had to dig up roads to areas where you might, in a fair world, get 50% market penetration, and where, without the active, supporting, help of AT&T you would have a network that would initially have nobody phonable.

      Ah, but AT&T did have the force of law behind its control. This is more precisely what I wanted to get across. Quoth Lessig from "The Future of Ideas" (pg 30):

      For much of the twentieth centurey, it was essentially illegal even to experiment with the telephone system. It was a crime to attach a device to the telephone system that AT&T didn't build or expressly authorize. In 1956, for example, a company built a device called "Hush-a-Phone." The Hush-a-Phone was a simple piece of plastic that attached to the mouthpiece of a telephone. Its design was to block noise in a room so that someone on the other end of the line could better hear what was being said. The device had no connection to the technology of the phone, save the technology of the plastic receiver. All it did was block noise, the way a user might block noise by cupping his hand over the phone.

      When the Hush-a-Phone was released on the market, AT&T objected. This was a "foreign attachmen." Regulations forbade any foreign attachments without AT&T's permission. AT&T had not given Hush-a-Phone any such permission. The FCC agreed with AT&T. Hush-a-Phone was history.

      This was not only a government-approved monopoly, but it was even a government-sponsored monopoly. AT&T's rules protecting itself had the force of government law.

    3. Re:If you have any doubts.. by squiggleslash · · Score: 2
      This is true, but it has little or nothing to do with being specifically government backed. This was AT&T deciding that it didn't want it's property tampered with. If the FCC hadn't existed (and I'm not even sure the FCC was relevent in this case), it would have been just as able to enforce this regulation through standard contracts, etc. Likewise a TV rental company could, if it chose, prevent people from hooking up an unapproved VCR if they wished - simple logistics prevents that from being enforceable at the moment, but it's certainly legally possible.

      In the case you're quoting, this isn't a government sponsored monopoly at all, it's a case where the government has to take action to prevent one and chose not to, in that one case.

      The US government did actually step in and break this monopoly on equipment in the mid-sixties (IIRC), feeling that AT&T were abusing their position.

      If another phone company had had the financial resources available to them to try, they would have been able to, at any time, go into direct competition with AT&T without the government being able to do a thing about it - barring more legislation. The reason no other phone company did was purely a logistics, cooperation, and financial issue, not a legislative one.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:If you have any doubts.. by ftobin · · Score: 2

      If the FCC hadn't existed (and I'm not even sure the FCC was relevent in this case), it would have been just as able to enforce this regulation through standard contracts, etc.

      This is, as you suggest, the critical issue. The idea is that the contract should not be as powerful as it is allowed to be. There are restraints that nullfy many terms of contracts depending on where you live (e.g., state by state laws can require certain warranty terms no matter what the contract says), contstitutional-rights relevance (you cannot contract away your rights), etc.

      I'll agree I may have mistated that the government sponsored the monopoly directly, but it did sponsor it indirectly through inaction by allowing terms of contract that violate the senses (mine, at least). The FCC actively made a decision to allow the AT&T terms to stand. Just as with your TV/VCR example; I'm not certain that it would be legally possible to contract that restriction, but if it is allowed, I would think this is a gross error.

    5. Re:If you have any doubts.. by karmawarrior · · Score: 2
      I'll give you the benefit of the doubt here because you did say government approved monopoly rather than a government sponsored one.


      The reason this is a big deal to me is that it's a central principle of a great deal of pseudo-libertarian propaganda that the only occasions on which any business gets a monopoly these days (or ever) are either if it has a really, really, good product that's the best, and recognised by consumers as such and is popular, or if governments have "granted" companies monopolies, as they have with patents and in the case of the Post Office.


      In AT&T's case, this is patently (arf arf, geddit?) false. AT&T had a monopoly so independent and concrete that they actually willingly accepted regulation, knowing that the alternative would have meant the destruction of the company, or its nationalisation. AT&T built a very expensive network, and because they were first, it became impossible to compete against them. This goes right to the present day where cable companies have rolled out similar infrastructure and are able to provide local phone service over it, but the costs are still too prohibitive and involve too much cooperation from a competitor for it to be viable for them. [Yes, AT&T Cable looked into it, and ditched the idea]


      Contracts are, by default, binding. It's the laws that governments introduce that weaken contracts, forcing parties to be reasonable and fair.


      And, personally, as I suspect you do too, I think it's a good thing when government does that. Unfortunately, the current political climate seems to live in a consensus where every government intervention into the markets is seen as a bad thing. Sometimes the propaganda and assumptions that build that consensus needs to be challenged.

      --
      KMSMA (WWBD?)
  49. here in the UK by tplayford · · Score: 0

    NTL has been slowly taking over all the small cable companies in the UK over the last few years. It is now the largest (only in most areas) cable company (as well as being broke).
    That said it does not need to provide access for other ISP's, the broadband war here is between BT (british Telecom) with ADSL and NTL with Cable Modem. Prices have remained quite low (about 25 pounds a month for 1/2 MB).

  50. Re:There is a serious lack of understanding here.. by NormalVisual · · Score: 2, Interesting

    That argument is valid, but only holds up in areas where there were not grants of monopoly by the local municipality. There are *lots* of cities in the U.S. where the incumbent cable company was protected from competition by the local government. Go to Virginia Beach, VA and look at the history of Cox Cable there if you'd like to see it in action.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  51. They may not _have_ to do it, but some are... by nvrrobx · · Score: 2, Informative

    According to this article, AT&T Broadband will be offering Earthlink service to both Washington state and Boston, MA customers within the next few months.

    I'm betting they're probably doing that so they aren't forced to as a condition of merging with Comcast, but hey, I'll take it... Earthlink's service has to be better than attbi.com! "Sure, we'll take half your bandwidth away, screw your reliability and charge you the same amount every month!!"

    1. Re:They may not _have_ to do it, but some are... by Anonymous Coward · · Score: 0

      They are doing this in part as a condition of the AT&T/Comcast acquisition and in part because it just makes business sense. You can sell more cable lines via two sales channels than you can via one. Simple - but it took AT&T YEARS to figure it out.

  52. So ironic it makes my head hurt... by danyoung · · Score: 1
    Why would I want to sign up with an ISP that prohibits what you've already done by "deep linking" to their page in your post?

    From the AUP: (I'd link to it but I'd be violating their AUP...) ;-)

    You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "EarthLink", (b) the link must "point" to the URL "http://www.earthlink.com" or "www.earthlink.net" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by EarthLink , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) EarthLink may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by EarthLink.

    IANAL but Earthlink obviously retains a truckload of 'em. Yet another case of lawyers not understanding the web.

  53. Re:There is a serious lack of understanding here.. by ewhac · · Score: 3, Insightful

    Cable companies did it with all their own pennies. They get jack from the government; it's all from subscriber fees.

    This is not precisely correct. Nearly all cable TV providers operate under municipally-granted monopolies. No other cable company is allowed to come in and offer competing service. (This is what telecomm deregulation was ostensibly supposed to enable but, rather than go through the arduous process of actually competing on an open playfield, all the telecomm companies simply merged.)

    So yes, cable companies did build themselves with their own pennies, but they obtained those pennies from a government-maintained captive audience.

    Schwab

  54. Then no broadband for me by Passacaglia · · Score: 1

    I don't need any more monopolies in my life.

  55. Choice: blame your town by TheMCP · · Score: 5, Interesting

    The town I live in has choice of three phone companies, two cable companies (both of which offer cable modems), and a variety of other ISPs which offer various forms of connection including DSL or dual ISDN.

    Funny, but our rates are lower than surrounding communities. Imagine that.

    When I called the major monopolistic cable company and had problems with their customer service, I just called their competition instead and got more channels for a lower price.

    All of this happened because immediately after cable was deregulated, when the cable company's town monopoly contract came up for renewal, the town said "no, we're allowing competition now."

    If you don't have competition in your town, blame your town. Call your local representatives and demand to know why you don't have choice. Nag them when the monopoly contracts for the utilities come up. Get your neighbors involved. You might be surprised.

  56. AOL TimeWarner still hasn't opened their network by --daz-- · · Score: 2, Interesting

    I'm a RoadRunner customer and AOL/TimeWarner still has yet to open their network to someone other than RoadRunner.

    IIRC, the deadline was one year from the merger, and I think it's been well over that. So, WTF?

  57. Ooooh! Big Shocker! by fobbman · · Score: 2

    When FCC head Michael Parker was just a mere commissioner he was the only FCC commissioner who voted for the AOL/Time Warner merger to go through without any stipulations whatsoever. And considering his father Colin Powell (yes, the Colin Powell) served on the AOL board of directors at the time that shouldn't surprise you either.

    Thanks, Michael. Now AOL/Time Warner can continue on with their complete ownership of the fastest home-based broadband Internet service available.

  58. Re:Competition Doesn't Make Sense With Roads Eithe by Anonymous Coward · · Score: 0

    The solution is simple. Make the road a public commons, accessible to all under the same terms and paid for as a public works, and allow competition to flourish where it does make sense: with car companies, shipping companies, taxicab companies, bicycles, etc.

    Substitute "cable," or "fibre" for road and "ISP," "Telco," and "Cable Providor" for car companies, shipping companies, etc. and you get the idea.


    And what is the incentive to maintain the road and keep it up to date?

    Take a look at the public school system: it is a mess. Instead of kids not getting books, you'd have regions getting bandwidth capped because the government doesn't have the funds to maintain the network, and people refuse to raise their "bandwidth usage tax."

  59. Cable is NOT a Common Carrier by markhb · · Score: 5, Insightful

    I think that the key difference between Cablecos and telcos is that Telcos, as far as POTS is concerned, are treated as common carriers: they have no editorial control over what goes over their lines, and have to file tariffs (rate cards) with the FCC and the state PUC which in turn need regulatory approval. Cablecos are not Common Carriers, so they get editorial control over what goes over their wires (ie, you don't get channels they don't supply, but in turn they have some liability for their content). The general feeling at the Federal and most state levels, from what I've seen, is that cable TV and internet services are not seen as sufficently vital to everyday life (as opposed to basic telephone service, which is considered to be such) for the providers to be granted Common Carrier status.

    --
    Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
    1. Re:Cable is NOT a Common Carrier by eudas · · Score: 1

      then the bigger issue becomes not that the services are different, but that the definition of 'sufficiently vital to everyday life' needs to be updated. I am nearly certain that most people, when inquired about their daily life nowadays, would include internet usage as a very common part of their personal and professional lives.

      eudas

      --
      Blessed is he who expects the worst, for he shall not be disappointed.
  60. MOD PARENT UP by Anonymous Coward · · Score: 0

    n/t

  61. A possible reason for this by LordZardoz · · Score: 3, Interesting

    There is at least one possible reason for this. Cable ISP's are competing with DSL based ISP's. It could be that the Government powers that be are beleiving that this competition will keep prices down. Its an intresting thing when you think about it. There arent many other things that come to mind where two radically different technologies are competing to provide essentially the same service.

    The only other possibility that comes to mind is power generation (Coal vs Hydro vs Nuclear). And as far as I know, you usually only have one type of power plant providing power to a given area.

    END COMMUNICATION

  62. Re:Competition Doesn't Make Sense With Roads Eithe by mc6809e · · Score: 1

    "The only way we are NOT going to have monopolies is by nationalizing the infrastructure..."

    What a stupid Idea. You're just replacing a corporate monopoly with a government monopoly.

    You want a monopoly that also has police power? If you're afraid of net regulation now, just wait until nationalization.

  63. competition in broadband by Cinematique · · Score: 2, Interesting

    i think there's enough competition just based in the fact that cable will have to compete against DSL. for competition, you only need one other player.

    just wait until ricochet gets back up and together. that'll make three.

    and personally, i'd rather have unlimited 175kbps wireless @ only $44.95 per month wouldn't you?

    furthermore - having several "providers" that share the same pipe really isn't competition. be realistic here.

  64. Multiple Services by cybermage · · Score: 3, Insightful

    I hope that the FCC is headed in a direction toward defining Internet Service as something distinct from Cable or Telephone Services.

    Each service should have its own rules based solely on what is right for that service. Then, if companies bundle services, they should be required to play by the rules for both simultaneously.

    Example: If you are providing telephone service, which you must unbundle for competitors, and you decide to offer Internet service over the same platform, then combined regulations should require that you provide unbundled access to competitors wishing to provide Internet service as well.

    If cable companies have a monopoly over their network by regulation, and there is no defined rules for Internet service, then there is no combination of rules to require that it be open.

    If we want Cable providers to offer a choice, we should seek an FCC/Congress definition of Internet service that is akin to Long Distance Telephone service. With such a definition, people who own the wire into your house would have to give you a choice of providers and be required to allow interconnection.

  65. Are Information Services responsible for Info ? by JustAClam · · Score: 1

    This may be a silly question, but if a cable company's internet access is classified as an information service, do they have more responsibility regarding the information provided ?

  66. Scientology by Anonymous Coward · · Score: 0

    Isn't Earthlink a notorious Scientology business?

    I've always refused to do business with them because of this.

    Yeah, really.

  67. Stupid Government by MichaelDelving · · Score: 1

    Uhoh. When they figure out how far they missed the boat are they going to: a) treat cable internet the same as telecommunications, or b) pass stupid restrictive laws to keep me from abusing the system by sending packets back upstream. So far clue-getting propensity seems pretty low... Put down the microphone, sir. Your voice over IP/email/telnet/content serving days are over.

  68. Who modded this funny? by JohnDenver · · Score: 2

    It's not funny, this is serious! I demand you mod this down immediately!!! It's not funny!!!

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
  69. We need a better last-mile. by psicE · · Score: 2

    Cable and DSL are technologies that are both dead and very much alive, depending on how you look at them. They're alive in the sense that there's no faster way for a home user to get an Internet connection (aside from business-priced lines, i.e. T3s and optical), but dead in the sense that there's far faster technologies available, like Ethernet, that work just as well for the last mile. The problem is, there is no Ethernet last mile.

    So, towns, counties, and/or states should start investing in last-mile Ethernet, and let the ISPs provide service over the lines. That way, everyone can choose between any of the ISPs in America, instead of only choosing between their monopoly telco and monopoly cable company. I'd certainly pay $50 a month for municipal Ethernet, especially considering ATTBI just raised my rate to $45.95.

  70. Shaking head by GMontag · · Score: 2

    fobbman Thanks, Michael. Now AOL/Time Warner can continue on with their complete ownership of the fastest home-based broadband Internet service available.

    Perhaps his reply should sound like this...

    Michael: "You are very welcome Mr. fobbman! Did you read the article at the top of the page at all? AOL-Time Warner will continue to provide competitive access becuase it was a condition of their merger, ordered by the government, just as it says above. Thus subjecting AOL to continued regulation just like a telco!"

    Michael: "Oh! By the way, my name is Michael POWELL *not* Parker."

  71. Question about local government rights by pyramid+termite · · Score: 2

    Can they require allowing other ISPs access to lines as part of a contract allowing a cable company franchise rights, or would FCC rules supercede that clause?

    1. Re:Question about local government rights by Anonymous Coward · · Score: 0

      I believe this is perhaps the most important part of the ruling. For all intents and purposes, the ability for MSO's to not carry other ISP services has been uphelp in different courts.

      However, there has always been the possibility that municipalities could require different regulations under their franchise terms.

      It would appear that this "decree" would eliminate the municipalities right to structure deals around data transmissions.

  72. Okay, here's some. by Spamalamadingdong · · Score: 2
    Whereas you have what amounts to structured wiring in a telco CO you have shared media in the cable environment. And, the router actually terminates the cable (think a Cisco 7246). So there's a lot less hardware.
    So you split the bandwidth at the head end of the cable, or you allocate a second channel for the competitor's service and put another RF modem at the head end. This is close to trivial.
    So what are we talking about here? Allocating frequencies on the cable? There are only so many. How do you decide who gets one?
    ISTR a case not long ago where a competitor to a cable company tried to rent one of the un-used channels to provide a competitive cable-modem service. The cable company refused, and the courts agreed that the cable company could not be forced to rent its own lines to a competitor; there was no technical reason it could not have been done, only regulatory barriers to doing it.

    I think the solution is to divest both the phone and cable companies of their wires, and divide them into carriers and service providers. If the company that owns and maintains the wires has no interest in the services being delivered, they are in no position to discriminate against any comers because they're all paying the same rate anyway.

  73. Greed by Billnvd65 · · Score: 1

    If cable companys did not have to be so damned greedy and want EVERYTHING, they could have the best of both worlds.

    If they took the stance of "We provide the wire, you provide our customers Internet", they could make a killing, never have to make capitol outlays, not provide support beyond what they already offer to their customer base.

    The ISP's that want access have to pay the Wire Provider for their access and usage. Let the ISP's fight it out with price wars and Network problems like virus infections, hardware failures, etc.

    It is nearly an investment free source of revenue. Yes, it would not be as profitable in the longterm, but it would provide a huge revenue stream nearly risk free.

    Maybe it's just me, or maybe I a wrong on how they HAVE to provide access, but if I owned all the wire, I would lease it's usage and just provide TV. My customers get to choose their ISP and have broadband internet, they are happy. The ISP's get to fight it out for my customer base, they are happy with me. I get revenue, I am happy.

    Bill

  74. Re:come again? Slightly offtopic by ncc74656 · · Score: 2
    Waaaaah...get over it already. The only reason the election dragged on forever was that Algore dragged it out, looking for any means possible to get a vote count that would change in his favor. It didn't matter to him whether it was a fair and accurate count, just as long as it stood a chance of putting him in the lead. As it turned out, there was no legal standard by which he could get the results he wanted.

    Algore lost. Dubya won. Deal with it.

    --
    20 January 2017: the End of an Error.
  75. Cable *Companies*??? by Kingstrum · · Score: 1

    Hmmm...well "compan-ies" implies that there is more than *ONE* company providing the service. At this point I thought we had all agreed to give up and turn it all over to the AOL-TimeWarner-Leviathan...

    Oddly enough, I don't see many "Bob's Cable TV" trucks any more...they say TimeWarner and have that mystical, all-seeing eye plastered on the side. Guess the Boob Tube is watching us now...
    I'm happy with my DSL and rabbits ears, thank you very much!

    The ruling however does confuse me a bit, since Ma Bell used the same arguments Back In the Days ("we built it, it's ours, screw them all!"), but that was before telecommunications became a buzzword and a multi-billion dollar sector with drooling hoards fighting for every last scrap of bandwidth and customers. Now *THE* Cable Company has bought out all the legislators they need to get their way.

    Bully for them...

    That high-pitched whirling sound you hear is Teddy Roosevelt and Nikola Tesla spinning like Dervishes in their respective graves. Enjoy.

    =K

  76. What about phones? by VivianC · · Score: 2

    I haven't seen anyone else mention this yet so I'll raise the question:

    I live in Illinois and have SBC/Ameritech as my phone company. When I moved a couple miles north (still in the same county), they could get my phone service fixed for a month. As soon as they did, I switched over to AT&T Digital for my phones. My phones now un through the cable.

    So how is this going to affect my phones?

    --
    Viv

    Gmail invites for ip
  77. Re:Haha - Suck it jamie! by cha0sadddddddd · · Score: 1

    someone please post the proxomitron filter i need to use to block this?
    fucking work reinstalled on me =(

    --
    Collecting data is only the first step toward wisdom. But sharing data is the first step toward community
  78. Oh that's just freekin great by tyrani · · Score: 1

    Actually, it is. Once someone from the all-mighty canadian CRTC is told about this it'll become a new campain.

    --
    rejected (19) accepted (0)
    Is there a psychological term related to getting your stories rejected on slashdot?
  79. The Internet is not an "information service" by Perianwyr+Stormcrow · · Score: 2

    "Information Service" implies a one-to-many system. The true value of the Internet is not in making it into TV. The cable folks have a weird belief that the Internet's only value lies there- they've spent millions convincing themselves that nothing is changing, and now they figure they may as well refigure the world to match their lack of vision.

    People connecting to other people is the true value of the Internet. It is an enabler for communication and commerce, not a videofeed.

    As such, the phone and the Internet are merely iterations of the same thing. Why this logic was ignored is obvious:

    The FCC is owned. Guess by whom?

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  80. Re:come again? Slightly offtopic by Anonymous Coward · · Score: 0

    Tell ya what, let's get ride of public voting, afterall it CLEARLY has no importance in presidential elections. No matter how you slice it, Bush LOST the popular vote, that is, the VOTE OF THE PEOPLE THEMSELVES. That. Is. A. Fact. And cannot be argued. MOST people by a clear margin voted for Gore. The electoral college is elitist and past its prime. It is time to get rid of it and actually let the PEOPLE elect their president rather than corrupt hacks in the college.

  81. Re:HOLY FUCKING COCK-LOVING POOP STICKS!!! by Anonymous Coward · · Score: 0

    Yes, it's amazing what happens when your electoral campaign is centered on appealing to stupid and/or senile people.

    What the barking dogs do not realize or admit is that this decision would have been the same no matter who was elected; the FCC runs its own show and makes its own decisions based on its own agenda and its own interpretations of the laws. Now, the two sides may pump more money into the system to get the laws changed, but that's got little to do with the Presidential election or the two parties, neither of whom have any reason to favor one side over another.

  82. Fuck you and the horse you rode in on! by Erris · · Score: 2
    Whoh, that was so stupid that I have to quote the whole thing and reference it, because no one will believe it otherwise:

    I think that the key difference between Cablecos and telcos is that Telcos, as far as POTS is concerned, are treated as common carriers: they have no editorial control over what goes over their lines, and have to file tariffs (rate cards) with the FCC and the state PUC which in turn need regulatory approval. Cablecos are not Common Carriers, so they get editorial control over what goes over their wires (ie, you don't get channels they don't supply, but in turn they have some liability for their content). The general feeling at the Federal and most state levels, from what I've seen, is that cable TV and internet services are not seen as sufficently vital to everyday life (as opposed to basic telephone service, which is considered to be such) for the providers to be granted Common Carrier status.

    Editorial control from my ISP? I think not. Your view, and that at the moronic Federal and State levels, only make sense if your ISP is really an entertianment company pushing crap down your throat. That's not what the internet is for, and it is outrageous that the public right of way is being given to people who think differently.

    Get this! I'm not paying an ISP for yet another way to get Hollywood garbage. I'm paying my ISP for communications services. That my ISP would exercise "editorial" control by keeping me from serving, and that my ISP is a monopoly carrier is OBVIOULY against the public interest. My internet connection is worth more to me than my phone, my tv and all my magazine subscriptions as it has taken their place. My desire to contribute to the public domain is shared by countless others, who get it. Blocking our contributions will destroy the web as a forum of information creation and make it worthless, much like the poorly regulated Cable TV, and broadcast media.

    Now go tell your friends what I said so I don't have to kick their ass.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  83. Yeah, that's about sums it up by Anonymous Coward · · Score: 0

    Right on. Agree...

  84. Competition Allows Investment in Infrastructure by javacowboy · · Score: 1

    I can't understand what these Republicans are smoking. They base their entire telecommunications policy on a simplistic and flawed theory: Monopolies are essential to encouraging investment in infrastructure.

    Not only is this a fallacy, but it's so incredibly backwards, about 100 years backwards to be exact.

    These are the kinds of policies that were favoured to encourage the building of railroads and phone lines. What resulted from this were robber barrons for which the very first antitrust laws were written. So much for lawmakers learning from history.

    Promising the Baby Bells and Cable Companies extravagant monopoly profits in order to get them to build broadband infrastructure is like using a streamroller to crush an anthill. It's totally unnecessary by a factor of 100. There are enough subscribers out there for the incumbents AND competitors. Look at the North American long-distance market for instance. Once the market was opened up, several competitors emerged (Sprint and MCI, for instance) who invested in their own long-distance infrastructure simply to save them the money they were paying the Baby Bells to rent their lines.

    The problem is that large telcos around the world tend to be very tight-fisted. Bell Canada, for example, is refusing to invest any more money into its DSL infrastructure. This is despite the fact that its subscriber base is growing expenentially and that it's putting its competitors out of business with indefinite pricing promotions (essentially, predatory pricing). Given their present behaviour, how will granting them a monopoly serve their customers?

    I guess the only conclusion to draw from all this is that lawmakers no longer take into consideration the needs of the electorate that they supposedly serve, and are instead beholden to the interests of those who made the largest campaign contributions.

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    This space left intentionally blank.
  85. Re:There is a serious lack of understanding here.. by Anonymous Coward · · Score: 0
    (B) Cable companies did it with all their own pennies. They get jack from the government; it's all from subscriber fees.
    NFW. Municipalities employed the power of eminent domain to secure easements for the cable companies. They let the cable companies string lines on public space and tear up public roads. The cable companies enjoy a legal monopoly in most areas. Add it all together and they are as heavily subsidized as the telcos ever were.

    The ruling is a travesty.

  86. Definately need regulations for cable industry by Anonymous Coward · · Score: 0

    The monopoly power that the cable providers wield is getting out of hand. In Iowa, Mediacom has taken to charging it's cable modem subscribers $10 a month extra if they don't also sign up for a cable TV package. My monthly cable modem bill looks about like:

    $45.95 Cable modem package
    $2 Franchise fee (that they don't tell you about when you sign up)
    $10 Surcharge (non cable TV customer)
    $xx 5% sales tax on everything

    Stuart Kahler

  87. Re:come again? Slightly offtopic by chez69 · · Score: 0

    what you wankers don't realize that if the electorial college didn't exist, the presidential candidates would only have to care about 15 or so states. This way there is a better chance that every state gets a say in the election.

    if you want a pure 'vote by the people' election, vote in your city mayor elections.

    mike

    --
    PHP is the solution of choice for relaying mysql errors to web users.
  88. You don't understand physics. by El+Camino+SS · · Score: 2


    Read a physics book.

    The bandwidth in the open air is limited. Period. If someone is on the same frequency at the same time, you can't operate. You also cannot "split" that specific frequency. There are also issues like multipath, harmonics, and natural interference.

    ANY SEALED CONDUCTOR MATERIAL CAN ACT LIKE A WHOLE NEW COMPLETE SKY BANDWIDTH, ADDING ANOTHER THOUSAND THAT CAN'T FIT IN THE SKY. Ta--DA!

    SAY YOU CAN ONLY HAVE 1000 people "in the sky" at a time.

  89. Despite merger agreement, no access here by goatee · · Score: 1
    As a condition of the AOL Time Warner merger, that company was forced to offer its consumers a choice of Internet service providers on its high-speed lines.

    A lot of good that "requirement" did, as the ISP I work for has been waiting about two years for the ability to resell cable-internet service. TW is happily giving us, and every other ISP in Lincoln, Nebraska, the run-around while they soak up the vast majority of the customer base. But as crappy as their service is, Alltel manages to do worse. Seven days minimum to provision a DSL circuit? Oh how they must enjoy their monopoly...

    Looks like recent legislation is only going to make things worse. Not only are we not being given our merger-granted right to resell cable, but there's legislation threatening our ability to sell DSL as well. I mistakenly assumed we learned the benefits of enforced competiton rights, back when they broke up the bells.

  90. Re:There is a serious lack of understanding here.. by isdnip · · Score: 2

    > Nearly all cable TV providers operate under municipally-granted monopolies

    Flat-out wrong. Exclusive (monopoly) cable franchises were banned, federally, in 1992; before that, franchises were often nonexclusive anyway. Many cities granted multiple franchises. Each operator started building at one spot and continued until it met the next operator's system, and stopped. Simple economics dictate that you're better off investing to be the first cable company someplace than the second.

    Cablecos are monopolies in most places because nobody in their right mind wants to be the second one. You have the same cost (to build cable past houses) and a lower market share (zero to begin with), which means a higher unit cost, and lower margins. RCN is an "overbuilder". Look at their financials.

    Telephone companies on the other hand had state exclusives up until federal law changed in 1996. A few states allowed local telephone competition just before that, but the terms were usually ornery. Telephone companies also benefit from "universal service" programs (taxes).

  91. Freedom of speech by HarryLeBlanc · · Score: 1

    Forcing cable companies to open up support for other isp's is an issue of freedom of speech.

    Roadrunner's terms of conditions prohibit its users from running websites, or even from running operating systems capable of such (eg linux, mac os x). Combine this with linux's lack of support for dsl winmodems (and yes, I know there are good reasons not to support them), and you have a large segment of the population effectively barred from putting up their own sites on the web.

    The internet shouldn't be viewed as just a shopping mall, where large corporations get more and more rights to sell crap to hapless consumers. It should be the intellectual commons. Treating broadband access as a data access downgrades citizens to mere consumers.

  92. More stuff you won't believe by markhb · · Score: 2

    Editorial control from my ISP? I think not. Your view, and that at the moronic Federal and State levels, only make sense if your ISP is really an entertianment company pushing crap down your throat. That's not what the internet is for, and it is outrageous that the public right of way is being given to people who think differently.



    1. I didn't say that it was the way I thought things ought to be, I stated it as my view of the way things are. There's a difference.
    2. There is no "public right-of-way" in the sense you're using it, at least not in the USA. NSFNet shut down April 30, 1995, when the backbone was privatized. Since then, the US Internet has been a collection of leased lines and custom-laid cables, each of which is leased or owned by some very large corporation, connected by a series of NAPs run either privately or as co-ops. The only reason your traffic gets to use these is that disrupting your stuff entirely would kill their business model (they don't want people to think they would do that).


    Get this! I'm not paying an ISP for yet another way to get Hollywood garbage. I'm paying my ISP for communications services. That my ISP would exercise "editorial" control by keeping me from serving, and that my ISP is a monopoly carrier is OBVIOULY against the public interest. My internet connection is worth more to me than my phone, my tv and all my magazine subscriptions as it has taken their place. My desire to contribute to the public domain is shared by countless others, who get it. Blocking our contributions will destroy the web as a forum of information creation and make it worthless, much like the poorly regulated Cable TV, and broadcast media.



    You know, I don't actually disagree with you (except for the part where you equate me with a moron). If I did, I wouldn't have spent several years as a public-access station's representative to the state association, much less served on that Association's board. But right now, what you're advocating ain't the way it is. If your Internet connection means as much to you as you say it does, I strongly suggest you harness your rhetorical energies and direct them someplace they might do some good, like your state PUC (see if they have an ombudsman that might listen), or your state Representative or your Congressman. Because right now, there is no actual free Internet, and there hasn't been one for years. And bitching at me won't do one bit of good to change that, 'cause I'm just some shithead on Slashdot.
    --
    Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
    1. Re:More stuff you won't believe by Erris · · Score: 2
      Oh, sorry about that. I get really fed up with the idea that I'm just some kind of "consumer" of bits, to be driven into a self consuming frezy of spending on empty and unsatifying nonsense. Kind of like fast food and obesity, imagine that. I also missed the key phrase, "in the view of," not your own. Blind rage, oh well it keeps the rhetoric practiced.

      There is, however, a "right of way". It exists between my house and yours. Power lines, gas lines and even these little words travel over it. It is a public thing and it CAN be claimed if those given stewardship fail to live up to their reponsibilities. One day, I might even be able to serve that public good. Time, it takes time.

      --
      DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.