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Cable Equal Access Case Goes to Supreme Court

DCTooTall writes "The FCC has ruled that Cable High-Speed Internet is an Information Service, and therefore not subject to the same equal access regulations that govern DSL. Brand-X Networks sued the FCC for equal access to the Cable Networks and won. The FCC appealed the decision and next Tuesday the case goes to the Supreme Court. The Telco's have repeatedly used the current FCC stance on Cable Broadband in their fight to get the same monopoly on DSL. This case has the potential to not only open the Cable networks to competition, but also prevent the Telco's from further attempts on limiting DSL options."

11 of 351 comments (clear)

  1. That'll learn 'em. by Anonymous Coward · · Score: 5, Funny

    DSL is theft anyway. I don't know what insane trickery is involved in allowing voice AND data go over the same medium, but I don't like it. It smacks of devil-worship.

    1. Re:That'll learn 'em. by charon69 · · Score: 5, Informative

      Well, time for like my 3rd comment on Slashdot ever...

      I realize you were joking, but, just in case nobody knows, here's how DSL works in a nut shell.

      Your typical POTS line (Plain Old Telephone System) is just an analog connection to the phone company (yes, this is a generalization). The human voice and ear can only cover certain ranges of frequencies, so there's really no point in attempting to do voice communication beyond a frequency limit. But the higher frequencies can still go across the line just fine. As such, a DSL modem just modulates the data to correspond to frequencies higher than anything that you can say or hear and puts it on the same line as your voice traffic. To further ensure that there's no overlap between your voice traffic and the data modulations, you put a low pass filter on all your analog phone lines to make sure that they can't interfere with the data portion. At the phone company, they just strip the frequencies back into two separate systems and demodulate the data to get the 1s and 0s back.

      Yes, actually, I do work at a company that makes this stuff. Why do you ask?

    2. Re:That'll learn 'em. by grub · · Score: 5, Funny


      Well, time for like my 3rd comment on Slashdot ever...
      Liar! That was your 6th comment on Slashdot! I demand the mod strip of you of all karma! You will be taken outside the city walls at dawn where you shall be buried up to your shoulders when you will then be stoned until dead!

      Or maybe not.

      --
      Trolling is a art,
  2. Competition by mfh · · Score: 5, Insightful
    What cable competition really means:
    • Better prices
    • Better service
    • More jobs
    • Alternative services
    • Fresh thinking
    • Offspring markets
    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Competition by Mercano · · Score: 5, Funny
      What cable companies want you to think competition really means:
      • Communism
      --
      #include <signature.h>
  3. "Naked Cable" by jm92956n · · Score: 5, Interesting

    If the cable companies are forced to open their networks, it would hopefully allow one to eventually obtain "naked cable." I'd like cable internet access, but the price for non-subscribers is $20 over their already inflated price.

    --
    An effective signature identifies a particular user amongst a base of thousands.
  4. Re:Competition is good by DCTooTall · · Score: 5, Interesting

    The Technology exists for the Telco's to improve DSL, such as ADSL2 and ADSL2+... not to mention Reach Extended ADSL.... The big problem is the Telco's have been slow to upgrade or really take full advantage of the available technology. They have repeatedly gone to the FCC crying that Cable doesn't need to share their lines, and that being forced to abide by the Equal Access rules it is holding them back. As a result, there have been many cases (such as the recent Anti-muni FCC ruling, or even Bellsouth's recent "Naked DSL" victory) in which a Bell has used the fact that Cable doesn't have to share in order to have a ruling in their favor, allowing them more in the way of monopoly control over DSL technology.

  5. Techinal Problems by steve6534 · · Score: 5, Interesting

    While this could be a good thing for customers there are several technical considerations to look at. 1. There is not enough upstream bandwidth in a typical cable plant for several providers to provide their own service over a seperate cmts. 2. If multiple service providers try to offer their brand of "service" over the same cmts there wouldn't be a difference in service from what there is today (Except content) If one provider tried to sell a higher bandwidth package it would affect customers from all different providers on the same cmts. 3. Who pay's to maintain, power, and house the cmts ? The way that dsl ir provided (Each ISP installing their own DSLAM) works great because there is a seperation of where the last mile to the customer terminates - The only leased telco facilty is the copper from the service address to the CO. If service providers had to share the same DSLAM and had a limit of bandwidth that could be provided dsl would be a huge disaster.

  6. Re:the real problem by igjeff · · Score: 5, Insightful

    Unfortunately, you're suffering from, apparently, the same lack of understanding that the FCC is.

    There are two services in play, here.

    The first is DSL or cable modem service, which are clearly telecommunications services. These are the actual DSL or cable modem signalling over the wire.

    Then there's the Internet Access overtop of the DSL or cable modem service. This is correctly classified by the FCC as an information service. Their problem (and apparently yours as well) is that they/you don't realize that DSL and cable modem service isn't *inherently* Internet service. DSL has, quite successfully, been used for non-Internet services, and cable modems could easily be used in the same ways. The FCC's stance on DSL and cable modem service, however, has made most of these uses uneconomical. A more reasonable stance, that takes into consideration of the layered nature of networking technologies, would much more realistically align the regulatory environment with the real world...both technically, and wrt competitiveness. (Internet service is competitive, DSL transport service is notsomuch).

    Jeff

  7. Interesting trade-off... by Giant+Space+Hamster · · Score: 5, Insightful

    The FCC is basically offering the cable companies a de facto monopoly on cable internet in order to ensure that more people can get connected and the size of the network is increased. After all, if the cable company has a monopoly, the only way it can really grow is to hook up more people.

    But if, on the other hand, other companies are permitted to use the network, the cable companies may feel that expanding their network is not worth the cost, thus preventing people from ever getting high-speed internet.

    Personally, I think it's a relatively hard decision to make. Allowing the monopoly screws over those people who already can get cable internet, but offers the greatest incentive to extend access to more people. Not allowing the monopoly gives cheaper prices to those with cable internet, but pretty much ensures that the networks won't get expanded, especially to more rural areas.

    Perhaps a compromise of a limited-time monopoly would be best. Cable companies get a 5-year monopoly on new networks, and afterwards must open them up to competition.

  8. Re:Competition is good by NoMoreNicksLeft · · Score: 5, Interesting

    Having both, I can say that they both have their advantages.

    DSL - static IP address, more upstream bandwidth, liberal use policy

    Cable modem - more downstream bandwidth, and in a few cases about 2 hops closer to key backbones

    Would I give up either? Not unless I can no longer afford to. They're both down up to 3 days a month, and thankfully those 3 days haven't overlapped yet. Plus, since I use a real linux router, and not some lameass linksys piece of shit, I can make use of both simultaneously. Not just failover, mind you, but round-robin connection marking through both. Can I download a single large file, making use of both? Not yet...

    But supposing I scrape together enough talent to patch wget, I might be able to download a piece of the file over each, simultaneously.

    So, let's just stop with the cable vs. dsl bullshit already, folks. Whichever you can get, or if both, whichever suits you, is best. It wasn't so long ago that we were all struggling along on 28.8k modems anyway.