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Court Ruling Points Way To Broadband Regulation

DarkHelmet writes "An article on CNET News indicates: 'A U.S. appeals court has rejected the Federal Communications Commission's request to rehear a case, in a move that could prompt local governments to regulate the cable industry.' The piece explains: 'The rejection could pave the way for municipalities to force cable companies to share their broadband Internet lines with third parties.' I personally can't wait for companies like Speakeasy to branch into the Cable Internet market and provide 10-100mbps service."

5 of 217 comments (clear)

  1. Double-edged sword by sn00ker · · Score: 4, Informative
    On the one hand, you have a ruling which is potentially good for competitive offerings.
    Don't knock competition. I'd love competition in the local loop, and you guys really have no idea just how lucky you are to even have a choice of cable or DSL.

    But, on the other hand, you have a ruling which allows in the thugs of the Department of Justice. And that is a huge down side. We're all familiar with the stories of the various barely-legal taps that FBI have been indulging in under the Patriot Act. I'd be terrified at the idea that they could use that same bullshit legislation to place sniffers onto a shared medium with my 'net traffic on it.

    Still, that's a good market - Start a cable ISP that does customer-to-company encryption. That way the Fibbies can't sniff the traffic off the wire, they have to go to the trouble of getting a warrant and sniffing off a switch at your office.
    Of course, if Shrub gets elected again you can be sure that such an ISP model would be out-lawed - Entirely on the grounds of fighting terrorism, obviously.

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  2. Re:If the cable bandwidth is shared by fatman1683 · · Score: 5, Informative

    There's a marked difference between the bandwidth a given line is physically capable of supporting, and the bandwidth your provider is actually prepared to give you.

    With DSL, the closer you are to the CO, the higher your theoretical maximum bandwidth. But, in order to maintain consistency of service, DSL providers give everyone a speed that is determined to work all the way up to the maximum theoretical distance limit for DSL.

    Cable doesn't quite work this way, for a few reasons. First, the cable TV system in the US is a fairly new network, meaning that the infrastructure itself is generally of higher quality. This is what allows cable to offer speeds superior to DSL. Second, a cable signal, being a much more powerful signal than DSL, and nearly always running on shielded lines, doesn't deteriorate near as badly over distance. Cable providers' bandwidth limits are purely marketing-driven, and don't come anywhere near the physical limits of the cable connection.

    Presumably any government regulation would require the cable provider to sell the third-party ISPs as much bandwidth as they wanted, meaning that if you were willing to foot the bill, you could max out the physical capabilities of the cable network, which is probably somewhere close to LAN speed in most places.

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  3. Re:All well and good, but for infrastructure by pete6677 · · Score: 4, Informative

    There is a chance it might work if the regulatory penalties for non-compliance by the monopolies were so stiff that they would decide to comply. This is why it hasn't really worked out in the phone markets. SBC in Illinois has just been paying FCC fines for the last few years as a cost of doing business. Its worth it to them to prevent any competitor from really having a shot at serving the area. Only Verizon and MCI can even afford to try, and I doubt they make money on just the local service.

  4. Re:If the cable bandwidth is shared by mjh · · Score: 3, Informative
    A lot of other folks have spoken to the capping of cable bandwidth, and what they're saying is true. But there's another aspect of bandwidth that I haven't seen touched yet.

    Even if bandwidth were an issue (which it isn't) it would be fairly easy to give multiple ISP's access to the infrastructure without impacting each other's bandwidth. The cable that runs into a subscribers house is divided into a bunch of channels. In my home town, channel 3 is ABC, 6 is NBC, 11 is Fox, etc. To get cable modem to work over the cable plant you need two things to happen:

    1. You need to ensure that the cable plant can transmit signals in two directions, and
    2. You need to allocate a single channel for download and a single channel for upload.
    Basically, a single ISP on the cable infrastructure needs two channels. If you want to give competitive access to the cable infrastructure, you could run the competing ISP on those same two channels, or you could allocate two completely new channels.

    Where I live, there are three ISP's running on the local cable plant. They are all running on the same two channels because there's more than enough bandwidth to accomodate them. But if there weren't it would be an easy matter to allocate a couple of unused channels to one or more ISPs and effectively double the total available bandwidth on the system.

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  5. Re:If the cable bandwidth is shared by Sapwatso · · Score: 3, Informative

    This I do not understand. If 375Kb/s = 375,000 b/s, then how can this be more than 3,000,000 b/s?

    375KB/s would require more than a 3Mb/s connection, since 375,000*8=3,000,000 and that does not account for any overhead.

    The grandparent probably just mistyped b for bit instead of B for Byte. Download speeds are customarily measured in Bytes, and connection speeds in bits.