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FCC Rules Telcos Need Not Provide Naked DSL
Devistater writes "Despite at least four states' laws to the contrary, the FCC has ruled that phone companies need not provide naked DSL service to customers, but can require bundling; for example: Voice and DSL.
FCC Commisioners Copps and Adelstein say in dissent 'In this decision, the Commission unwisely flashes the green light for broadband tying arrangements.' 'If it is [ok] to deny consumers DSL if they do not [have] analog voice service, what stops a carrier from denying broadband service to an end-user who has cut the cord and uses only a wireless phone? What prevents a carrier from refusing to provide DSL service to a savvy consumer who wants stand-alone broadband only for VoIP?'"
I guess most people, even most geeks, do not realize that this is really the most important technology fight we have in front of us. Cheap broadband is absolutely necessary for us to move forward.
eat shiat and bark at the moon
'what stops a carrier from denying broadband service to an end-user who has cut the cord and uses only a wireless phone?'
Nothing, that's the point.
'What prevents a carrier from refusing to provide DSL service to a savvy consumer who wants stand-alone broadband only for VoIP?'
Nothing, that's the point.
I swear, it's like you people have never even heard of monopolistic pricing and captive regulatory agencies.
As a fellow libertarian (presumably, at least financial conservative), I'd like to point out that everything *ELSE* about these carriers is regulated, so its practically a goverment service already.
An extreme example: I, the federal government, make a ruling that only Dell is allowed to sell computers. Dell immediately octuples the prices of all new computers. Your free market argument fails to apply ("people will reject it and the plan will die on the vine") because businesses and people have no practical *CHOICE* but to use computers, a well established commodity (so the actual choice is maintain older computers or go out of business / stop using computers). However, in a free market Dell wouldn't be able to octuple their prices (and if they did, results predictable by the free market would ensue).
My point is, these companies are largely using land granted through government powers (sometimes emminent domain), with massive government loans and some other federal aid I forget about right now. It is not a free market. The competition that exists mostly does so because the government put regulations to better approximate a free market- but really it isn't one.
They're called "Código de defesa do Consumidor", or "Consummer defense Code".And it states that no one can couple some product to another.
For example, if you're going to open a bank account the bank can't say that aquiring a credit card is a pre-requisite. Or if you're going to buy a car the reseller can't say that buying the insurance from company X is a pre-requisite.
It's indeed a very nice law... when correctly enforced. Unfortunetely our major DSL provider (Telemar) couples the service to an account on a "internet provider". This is of course nonsense, since the real conectivity provider is Telemar itself... but yet they still require such account. The worst part is that NONE of the so called "internet providers" has full Linux-compatible media content...
---- You know how some doctors have the Messiah complex - they need to save the world? You've got the "Rubik's" complex
The 'pro-business' lobby here forgets that the cable and phone companies are usually monopolies in the area -- either by mandate or by de-facto policies.
Both phone and cable companies need to get a 'leeway' to lay cable or overhead lines across everyone's property. This isn't taken lightly, and isn't done for every company that comes-along claiming they want to do it. Furthermore, both cable and phone are essential for emergencies, and thus must have universal coverage. The idea that this is (or should be) in any form a competitive marketplace is... well, misinformed. The bottom line is, it is most efficient to have a _single_ set of cables and wires, not N sets for various hodge-podge company policies.
The problem here is that a for-profit company owns these wires. It's a farce. Really, the local governments should own the wires and contract out the work and the companies that want to 'run' the services over the wires. To do this correctly, we need a completely different legal environment that recognizes natural monopolies and makes them not-profit and as _small_ as possible to enable the _greatest_ amount of competition for auxiliary services.
But, given the current setup, strict regulation is the only answer. Regulation is, BTW, what allowed the whole open-source movement to take-off; in the 70's Ma-Bell (AT&T) wasn't allowed to sell its software, so it gave away enormous IP to the public. This is how Unix came about. The regulation was proper back then, the government realized that the phone was a monopoly, and prevented the phone company from entering other markets (using its monopoly money to distort other market places). Unfortunately, that sensibility started to disappear with the so-called "pro-business" agenda in the 80's and 90's.
If you bothered to read the ruling and not the opinion piece, you would know that the ruling merely tells the States to butt out and stop trying to enforce rules that conflict with existing FCC unbundling rules. This rules removes the conflict between FCC and State rules.
Under the existing FCC rules, the encumbant Telco is not required to offer DSL even if your lines are capable of providing it (they do it because its profitable). BellSouth had a policy of not offering DSL if the local loop was being used by a competitive telco to provide analog voice service. Probably due to techincal and billing issues. Some states were trying forcing BellSouth to provide DSL anyway. This was illegal.
This ruling does not automatically mean that the telco will refuse to provide DSL unless you buy voice service from them. In reality, what you'll probably see is the telco providing discounts for getting both DSL and voice service from them. Like Verizon offering cost saving bundles for home and wireless.
The five FCC Commisioners are appointed by the President and confirmed by the Senate for five year terms, although only three may be from the same party. It's very much a political office, and this decision was divided down party lines. Copps and Adelstein are the two Democrats.
> Who pays for the copper?
Our tax dollars did when the govt gave the bells tons of money in exchange for keeping the lines a common carrier to share.
Tis a shame the phone co's never lived up to their end of the deal, and the govt backed down and let them.
Business should be free to offer whatever the heck it wants. Consumers should be free to buy whatever the heck they want. Telephone companies have a monopoly over a particular area? In a particular area, if the cable company delivers something better, faster, and cheaper than the telephone company, then the telephone company will ultimately lose revenue, which will stimulate an improvement in the telephone company. Or get broadband through your cellphone carrier. It's not quite as fast as DSL, and not quite as cheap, but it's an alternative choice, if that's what you want.
It doesn't work that way with phone. The copper lines are regulated because at one time nearly every single phone system in the nation was owned by a single company which engaged in whatever practices it felt like such as telling you that you couldn't install or even buy your own phone much less do your own wiring. Imagine a mobo company telling you what peripherals and memory you were allowed to use or even requiring that you have it done by them and forbidding you from doing anything with it that they didn't like.
For this and many other reasons, Ma Bell was broken up into smaller companies, and they were regulated to the hilt. As it was fairly impossible given modern growth and other infrastructures accompanying the same to build out a parallel infrastructure by any given competitor who wanted to. IOW, running tens of hundreds of thousands of copper pairs per city on top of those already there was just not doable.
Therefore, the Regional Bell Operating Companies still held an essential monopoly for copper pair phone service.
Prior to this FCC mega-mistake of a decision, it was conceivable that you could get ILEC DSL and get phone from a CLEC just as easily as the other way around. Or do without it if you chose.
The point of the regulations was the copper was not easily overbuildable without burdensome effects on local infrastructure, quality of life, etc., and therefore a necessary national resource of sorts held by a company with a virtual monopoly on it. So they opened the lines to usage by competitors as long as certain fair fees were paid to the telcos for access and maintenance and co-locations and power and so forth.
This new rule basically encroaches on that competition regulation by saying that if one service on the pair is ordered then they can require other services with it or not give any service at all, thus essentially preventing their customers from choosing a competitor for one of those other services.
Should Video over DSL ever take off, will they get away with denying a VoDSL CLEC's services to their own telco DSL customers?
If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)