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Supreme Court Rules Against Community Telcos

acherrington writes "Today the Supreme Court ruled against a group of Missouri communities offering telecom services where it is prohibited by Missouri law. At least eight other states -- Arkansas, Iowa, Minnesota, Nebraska, Nevada, Tennessee, Texas and Virginia -- have similar laws. Today's ruling will most likely result in more lobbying by the Baby Bells at the state level to stop community-sponsored telecoms who are fed up with poor service and monopolies."

12 of 399 comments (clear)

  1. They saw it coming by RobertB-DC · · Score: 5, Informative

    The local electric co-op, Trinity Valley Electric, had a phone subsidiary, Trinity Valley Services. When we moved to their service area last summer, I was exctatic to be out of the grasp of the scandal-plagued monopoly I'd been forced to buy power from before. So when we signed up for electricty and they asked if we'd like to use their phone service, we said heck, yeah!

    Last month, we got a note in the mail that TVS was now "Cedar Valley Communications", and no longer directly affiliated with TVEC. This was pretty depressing... it was so nice to call up the phone company and talk to a person instead of to a robot.

    Now, it makes sense. With an 8-1 decision in the works, TVEC/TVS must have known that they were about to get hammered by Texas law. With little hope for legislative help from the Republican puppet government in Austin, they spun off TVS.

    At least I don't have to worry about getting a bill from the clueless megacorporation I was stuck with before.

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
  2. Good news by daveschroeder · · Score: 4, Informative

    The ruling prohibits governmental entities (cities, counties, other municipalities, or groups thereof) of entering the telecom business.

    Nothing precludes any small private coop, company, or partnership from becoming a telecom provider.

    The Telecommunications Act of 1996 says that "states may not prohibit 'any entity' from getting into the phone business. That does not include political subdivisions of states, said Justice David H. Souter, writing for the court."

    This ruling is a good thing, as it keeps government out of the telecom business, where it belongs.

    1. Re:Good news by Patman · · Score: 4, Informative

      The ruling prohibits governmental entities (cities, counties, other municipalities, or groups thereof) of entering the telecom business

      This is incorrect.

      The ruling states that a state may make a law banning local municipalities from providing telco service. If the state chooses not to make such a law, local municipalities are still free to enter the telco market

    2. Re:Good news by krem81 · · Score: 4, Informative

      Nothing's wrong with the community doing it. It's when the government gets involved that things go awry. See, the governments (even the local ones) have a tendency to subsidize an unprofitable venture with yours and mine tax dollars, thereby killing off the competition.

    3. Re:Good news by theLOUDroom · · Score: 3, Informative

      You also don't mention that it absolutely hemorrhages money. It's been forever since it actually broke even.

      Actually it hasn't. Net income from the last quaterly report is listed as 1.817 Billion dollars.

      I don't know why you're posting financial information from 2001, but things have changed quite significantly since then. Either you were unaware, or you're one of those types who believes that "the gov't can do anything right and we might as well do away with it."

      --
      Life is too short to proofread.
    4. Re:Good news by drinkypoo · · Score: 3, Informative

      There is no reason whatsoever that the local government should not provide any service its citizenry desires, so long as it does not conflict with federal law (though IMO federal law needs to be pared back considerably) or proceed in an anticompetitive fashion. The solution to avoiding that is to have completely open government process, and in a system without sufficient citizen oversight I would not think it was a particularly good idea to let the government run anything at all.

      Using tax monies to fund the system, except as acting as its customer, is wrong. This is not solely because that would go against the will of the average taxpayer, but because it would be anticompetitive. Clearly at some point a governmentally-owned entity will have certain advantages because they will have inherent right of way on city streets, for example, but remember that carriers are required to resell some of their capacity, and they would be no different. Whether or not that's a good deal for anyone involved is another question but at least they are subject to the same checks and balances as everyone else.

      This applies to any other business as well, including your web hosting example. Unless they're spending tax money to do it, they can't offer you web hosting cheaper than it costs them to provide it. But if they provide it at their cost, then I see that as government serving the people, which is what it's supposed to do anyway.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. pro states' rights by OglinTatas · · Score: 4, Informative

    If I read correctly, the ruling is pro-states' rights, not anti-community telecom. They assert that states have the right to prohibit cities from engaging in a particular activity, not that states are required to prohibit such activity. IANAL, I did not read this article but I read a similar article earlier, insert your disclaimer here.

  4. Re:Hands OFF! by RobertB-DC · · Score: 5, Informative

    Among the industries taken over or overregulated by the Gov:
    Rail Trains
    Pharmacies
    Telecom


    I usually agree with your comments, but I think you're a bit off today.

    Rail Trains - all but dead
    True, but not because of government regulation. In fact, it was lack of government foresight that allowed the auto and tire industries to shut down rail-based public transit.

    Pharmacy - corrupt and overpriced
    In what way does this have to do with the government? Compare the "market-based" (read: monopoly-controlled) US system with the Canadian system. Note that buses of US citizens head to Canada for cheap drugs -- not the other way around.

    Telecom - sucks oh so bad
    The comparison this time would be with Europe. I'm no expert, but everything I read on Slashdot indicates that Europe's regulation of telcos resulted in a superior wireless network, while the US corporate welfare system caused a tangled mess of incompatible systems.

    "The Government" isn't the solution to all problems... but neither is "The Market".

    On the other hand, your comment has been moderated as "Funny", so maybe I just didn't get the joke and should come down off my high horse...

    --
    Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
  5. How about a Topic Name Change by Tarwn · · Score: 3, Informative

    Somehting like Community Government...

    The article wasn't that long, took all of half a minute to read. It boils down to:

    1. Earlier law states entities may create their own telco groups (close enough, I don't have that window open anymore)
    2. Local and city governments are sub-parts of the state government
    3. The government doesn't count as an entity in part 1
    4. Therefore: Local and city governments do not have this allowance under the specied law.

    3 cheers for all the posters crying about loss of rights and rewriting laws and such, if they had read the article it probably would have been slashdoted by the time I got there :)

    --
    Whee signature.
  6. It's the republican FCC that ALLOWS little tellcos by Ungrounded+Lightning · · Score: 5, Informative

    With little hope for legislative help from the Republican puppet government in Austin, they spun off TVS.

    That seems an odd position to take, given that it's the Republican FCC commissioner that keeps pushing for the legalization of competition in communications, and fighting off the courts when they try to turn it back.

    The local electric co-op, Trinity Valley Electric, had a phone subsidiary, Trinity Valley Services. [...] Last month, we got a note in the mail that TVS was now "Cedar Valley Communications", and no longer directly affiliated with TVEC. [...] Now, it makes sense. With an 8-1 decision in the works, TVEC/TVS must have known that they were about to get hammered by Texas law.

    That doesn't make sense either. As another poster has already pointed out, the Supreme Court decision was against GOVERNMENTAL ORGANIZATIONS (cities, townships, counties, etc.) running phone companies. A Co-op is a corporation with its customers as its stockholders - as strictly private eneterprise as any other corportation. Unless TVE is a misledingly-misnamed government entity the ruling would not apply to it.

    When we moved to [TVE's] service area last summer, I was exctatic to be out of the grasp of the scandal-plagued monopoly [bucorp] I'd been forced to buy power from before.

    As far as scandal-plauging, there are few scandals to equal the routine operation of nearly ANY government operation. I, for one, am more than happy to see the big government, now that it's broken up the national telephone monopoly (a creature of its own regulation), telling the little governments to dump their own creatures.

    To anyone who lives in a region with its own city phone service, who believes that their service is good and wants to keep it that way, I have this suggestion:

    Go to the legislature of the governmental body that runs the little tellco (i.e. city council or whatever) and suggest they spin it out as a coop. (This will preserve much of its structure, and give the customers even more say in its operation than they had as citizens of the parent governmental division.)

    If you don't do this, expect your government to sell it to the local corporate-behemoth tellco at a kickback-driven bargan price - which will be paid off at compound interest in your next telephone bills.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  7. Article Troll by andih8u · · Score: 4, Informative

    This has nothing to do with community telcos; it's about city and state governments getting into the telco business. The article headline is a blatant troll. There again, it is Michael.

    --


    slashdot, news for crazed liberal socialist zealots
  8. Re:It's the republican FCC that ALLOWS little tell by ninejaguar · · Score: 4, Informative
    Republican FCC commissioner that keeps pushing for the legalization of competition in communications, and fighting off the courts when they try to turn it back.

    That's baloney. Powell's son is trying to get others to do his work for him, and the courts have stated he hasn't been granted the authority to do that by congress. You can paint it anyway you want, but I have paint thinner.

    = 9J =