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FCC Kills Build-out Requirements for Telecoms

Frankencelery writes "In a 3-2 vote, the FCC has altered cable franchising laws in the U.S. to the advantage of AT&T and Verizon. 'The FCC order imposes a 90-day limit on local communities' franchising decisions, but, more importantly, does away with build-out requirements. Those requirements generally insist that companies offer service to all the residents in the town, rather than cherry-picking the profitable areas.' Good news for the telecoms, but bad for cities who want a say in the fiber deployments."

19 of 325 comments (clear)

  1. This is not for AT&T by suv4x4 · · Score: 4, Insightful

    It's for everyone: if companies are forced to sell where wouldn't sell, this would affect the prices and quality of service for everyone.

    There are cases where even "evil monopolists" should be left to do certain aspects of their business without regulators messing in it.

    1. Re:This is not for AT&T by ultranova · · Score: 4, Insightful

      It's for everyone: if companies are forced to sell where wouldn't sell, this would affect the prices and quality of service for everyone.

      Except the people who, thanks to this decision, can't get any service whatsoever.

      There are cases where even "evil monopolists" should be left to do certain aspects of their business without regulators messing in it.

      Anything that's vital for the proper functioning of society, and has a tendency towards a natural monopoly - water, electricity, telecommunications, transportation - should be controlled by the society and not by "market forces".

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:This is not for AT&T by Anonymous Coward · · Score: 5, Insightful

      > > In which case they make larger profits.
      >
      > Which is bad how, exactly?

      At the expense of equal access, public infrastructure, and realistic phone rates to go along with those benefits.

      Or, was there an upside to corruption that we weren't aware of? Enlighten us how buying off greedy politicians is so great.

    3. Re:This is not for AT&T by tacocat · · Score: 4, Insightful

      My phone bill after the Ma Bell breakup didn't reflect this.

      All my bills following the deployment of broadband intraweb thingy didn't reflect this.

      In fact, all my (tech) bills are rising faster than inflation and I have only experience more dropped calls, lower data rates, and poorer (image) quality television.

      They may make in investment in infrastructure, but that doesn't mean a realized benefit to the customers in every case.

    4. Re:This is not for AT&T by Dachannien · · Score: 4, Insightful

      Your Christmas light shop doesn't benefit from owning rights-of-way (or benefitting from another company's right-of-way) on both public and private property. It doesn't hold monopoly power over Christmas lights.

      In exchange for having their monopoly and rights-of-way protected by the government, it's only fair that utility companies would be required to give something back to the community, especially since there's such a huge public benefit at stake. If a utility company is considering moving into a hence-unserviced market, they can take into account servicing that market's outlying areas when they make that decision.

    5. Re:This is not for AT&T by rollingcalf · · Score: 4, Insightful

      "It's up to me as a business to decide whether I wanna sell you christmas lights, or I don't wanna sell you christmas lights. If my shop is in New York and my profits are just fine, it's not up to some regulatory institution to insist I open a clone shop in every single little village in the country."

      With your Christmas lights shop you aren't digging up miles of public property to create the means for selling your lights. If you ever do start to do that, it becomes the public's business to say under what conditions you can dig up their property. People in a town may not want to deal with road closings and jackhammer noises and other disruptions if their block isn't going to be able to make use of the infrastructure buildout that is causing that disruption.

      "If you want my service, move to a place where I offer it, or use someone else's service. Simple as that."

      If you want to disrupt my days to build out something for your service in my town, you better make it available to me, or go to another town. Simple as that.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
  2. You can't beat the 'phone company. by Anonymous Coward · · Score: 4, Funny

    Especially when they own the regulators.

    Good to see corruption and graft still thriving in the USA.

  3. who is getting paid off? by bakana · · Score: 4, Interesting

    Somebody just got a brand new phantom in their driveway via payouts from Telecoms. The FCC are the ones that required cable companies and sat companies to sign individual franchise agreements with each city that service was offered. Why would they go and allow telecoms to skip that step with their services? At the minimum mandate that they have to roll out their products to everyone. Crazy!

  4. That's alot of power / control by It's+Atomic · · Score: 5, Interesting

    I'm not from around your neck of the woods, and honestly couldn't tell you if the decision was a good or a bad one. Nor do I understand the consequences or background to the situation, even after RTFAs.

    The very fact that the decision had to be made leads me to believe there are communities, cities, populaces with many thousands if not millions of people who want a say in how their town is serviced by a telecommunications company. Some kind of kickback, like a swimming pool, or some franchise fees.

    To my naive way of thinking, it seems incredible that 5 (3-2) people can veto the decision making process / power of entire cities or possibly even states, throughout the entire country.

    It also seems kind of wrong. Power, corruption, ultimate power, you know, that kind of wrong.

    1. Re:That's alot of power / control by ObsessiveMathsFreak · · Score: 5, Funny
      To my naive way of thinking, it seems incredible that 5 (3-2) people can veto the decision making process / power of entire cities or possibly even states, throughout the entire country.
      Look pal, a modern economy needs efficient, lean companies squeezing every last drop out of their emloyees and resources so CEOs can be amply rewarded for growth at any cost. How are our companies supposed to remain lean if they have to go chasing 30, 40 500 or 5000 or whatever other communistic amount of regulartory board members so they can be given their brown paper envelopes containing unmarked used dollar bills?

      No, I say. No. What we need is a small manageable amount of bribable individuals so companies can spend less resources on bribery, and more on running their business more efficiently.... into the ground. The current number is great. Sometimes you don't even have to pay them. You can just bombard them with marketers, PR guys, dime a dozen scientists and regatta parties and they mostly just end up actually believing what you say. Great stuff.
      --
      May the Maths Be with you!
  5. Re:Why is the FCC making policy? by Detritus · · Score: 4, Informative

    The FCC makes telecommunications policy via regulations because that limited power was expressly given to them by an act of Congress. Congress has the power to modify the FCC's authority, and has done so on numerous occasions. If you actually read the proceedings of the FCC, they often make reference to the statutory authority that empowers them to deal with an issue, or that limits what they can do.

    --
    Mea navis aericumbens anguillis abundat
  6. Good for small telco's too by zaaj · · Score: 5, Interesting

    In my area, there's an ISP that's also a CLEC (Competing Local Exchange Carrier - they offer dialtone). They're building out fiber to buildings for Ethernet and telephony services, and would like to get into video (TV) but since they're a small company, they just can't do it if they're going to be required to build-out to the non-profitable areas. It's not just a matter of raising prices for everyone to subsidize the sparsely-populated areas, it's a matter of not having the access to the capital required to do such a build-out in the first place. That, and the "densely populated" areas around here are not big enough to make the subsidization idea feasable even if the build-out could be done.

    Here's another perspective - the telco's are only offering DSL in specific areas - sure it's probably primarily for technical reasons - certain radius from the CO for DSL to work, but if they can "cherry pick" for DSL, why not the rest of the services they offer.

    On the other hand, arguments about large numbers of rural residents not having phone or electric sevice now if the build-out requirements were never in place are hard to ignore, and high-speed internet is being considered a basic necessity by more and more people as time goes on. Perhaps the FCC doesn't agree about that, or perhaps they figure having wide-spread fiber deployments at all would be a better starting point to eventually get fiber to rural areas than if fiber wasn't in the city/town at all.

  7. Re:Well said by smchris · · Score: 4, Insightful

    OK. moment. moment. moment.

    No, it's stupid.

    I'm so old and grew up in so rural an area, I realized very young that I profited from rural electrification. My mother still displays an "antique" kerosene lamp. Didn't purchase it. Family possession.

    Sure, people complained that rural electrification was unprofitable. We could probably find some blowhard who complained at the time that it destroyed the opportunity for rich people to experience a Deliverance Weekend amongst the simple people who still played banjo on the porch in the evening. But can't most of us agree that _some_ national infrastructure standards are good for everybody? The libertarian miserliness screaming that somebody else is getting a few of their projected pennies of savings makes a mockery of the idea that there is an "American People" and that we are a "society" that share anything at all.

  8. Re:This IS NOT A Good Thing!! by moeinvt · · Score: 4, Insightful

    No, this sucks.

    You're talking about marginal profits and not aggregate profit. The local government is making a deal which guarantees that the provider has a monopoly on the market. What's wrong with them negotiating a part of the contract which mandates a rollout plan to all citizens?

    So, they have the right to say "NO" but they don't have the power to negotiate if they say "YES"?

    Your "other business" comparison is generally ridiculous. Although you could probably come up with some parallels, these would be the exception. What other business has a barrier to entry like the cable and telecom industry? A more appropriate parallel would be giving a convenience store exclusive rights to the market in a particular town, and allowing them to refuse to sell to anyone that isn't within 20 miles of the town center.

    Local control is best. We don't need the draconian FCC enforcing the will of the empire on every town and city in the U.S.

  9. You are assuming by Gr8Apes · · Score: 4, Insightful

    Your assumption is that others can enter the market. In the US, in most localities, both the physical phone and cable networks are monopolies, so you only have a single supplier for each. Until the service and the carrier are separated, this will continue to be a problem. Especially when the existing networks were built at taxpayer expense, and new systems would have to be built at cost.

    The fair thing to do would be for localities/states/feds to divest the various companies of their physical networks, much as was done with electricity deregulation, which at least levels the playing field for everyone. After all, they were paid for with taxpayer dollars, so it only seems fair that the taxpayer owns them. That'd be us, btw.

    --
    The cesspool just got a check and balance.
  10. required buildout is good by theBeak · · Score: 4, Insightful

    Having lived most of my life in a rural area only minutes from a major metro area, I can tell you if it weren't for buildout requirements, I wouldn't have phone, garbage or power service. Utility companies are GIVEN many privileges when it comes to their for-profit business, such as easements through public and private property to run cabling. Do you really think anyone would WANT a string of 200-foot electrical towers going through their property? Of course not. But the government allows easements through properties for the GOOD OF ALL. In exchange for these privileges, the companies are expected to service everyone. Also, requiring these infrastructure providers to service every area helps promote growth of both residential and business areas. How quickly do you think an area would develop if the basics like power and data had not been provided for during infrastructure installs and upgrades? There are those who say this sort of situation fosters competition, i.e., some upstart little company will come along and service those who the big boys won't. That may be true in some areas, but not telecom. If a company says area A isn't profitable, so we won't service them, how will another company be able to service them without the profitable areas to make up for it? The answer: they won't be able to. That's why these buildout requirements were set up in the first place. The goverment was essentially saying to the providers, "Look. You have to analyze your profitability across the board, regardless of whether that two square miles at the edge of your service area are profitable in and of themselves." Every business has an area (or more than one) that is less- or even non-profitable. It's called the cost of doing business.

  11. OK, forget about the slums. by brennanw · · Score: 5, Insightful
    Think instead of remote rural communities where the cost of setting up the infrastructure is too high for big companies to want to bother when they can spend all their time making money off of cities.

    Rural communities already went through this with cable tv -- cable companies wouldn't put down the cable because it was too far away, and then when some communities tried to go with satellite TV instead the cable companies got a COURT ORDER forbidding them to do so because the cable companies had exclusive agreements with the states.

    Profit is made off of these services because the companies that sell them want the services to be *indespensible*. Trying to market a service as indespensible while refusing to provide it to certain segments of society does not make for a healthy society.

    So in answer to the question:

    And just why should we want companies to have to market in areas where there are small / no profits to be made?


    When a company decides to claim a monopoly on a service (and when you purchase a franchise from a community or state government you generally wind up having a monopoly in that area) then they have a responsibility to make that service available to all citizens. A monopoly is a different beast from standard business practices, because there are no other choices to make.
    --
    Eviscerati.Org: All Hail the Eviscerati
    1. Re:OK, forget about the slums. by vokyvsd · · Score: 4, Interesting

      I'm asking this honestly, because I want to know: do you have citations for that info about cable companies getting court orders preventing rural consumers from obtaining satellite? I haven't heard about it before, but I don't follow that particular market too closely, either. If what you say is true, I would like to read about the circumstances.

      Anecdotally, I can tell you about my situation. I live in a rural area myself, where cable stops about a half a mile from my house. It sucks, but I don't feel that I'm *entitled* to cable internet. Sure, there is only one cable provider in the area, but when we got wireless a few months ago (the antenna is on top of the local grain silos, how's that for rural?) the cable company didn't complain. There is no bad blood on either part. It simply wouldn't be profitable to run cable half a mile for one customer, and we understand that. So, we go to a competitor, and they understand that. I don't see why the law should force them to run their cable out to us if it won't be profitable. It is not paid for by my taxes.

      I know it sounds like I'm sacrificing my soul at the altar of profit or whatever, but think about this: if the state forced the cable company to build out to my house, or beyond, the start-up that provides wireless would probably not have come to our area (we were in close contact with the company, trying to get them to come out here). If the state forced build-out, it would have (1) lowered the profits of the cable company, (2) lowered the profits of the wireless company, and (3) probably prevented the wireless company from even coming here and providing internet to others who are quite a bit farther from the cable line than we are. As it is, we and our neighbors get our internet, the cable company doesn't have to worry about unprofitable build-out, and the wireless company is making some good money in a new area. Like I said, this is purely anecdotal, but the theory applies elsewhere: don't force companies to provide a service, let the demand from the consumers make it desirable to provide the service.

      This is why I am so interested in reading more about cable companies claiming monopolies. Build-out laws would have hurt my area, but if they really are stopping competitors while still not providing the service themselves, then yes I agree with you, they should be subject to such laws.

  12. Required buildout NOT so good by alteran · · Score: 4, Insightful

    I understand how someone living in a rural area might want build-out requirements for cable francising. But let's face it-- TV viewing and internet access are NOT phone service or electricity.

    Living in rural areas with our current lifestyle incurrs a lot of societal costs in terms of pollution and infrastucture expenses. Rural development uses more land. Rural areas create more transportation costs, most indirect causes of which are born disproportunately by urbanitees. I could go on. In short, EVERYONE pays for those expenses, NOT just the folks living out in rural areas. It is not only unfair to ask urban dwellers to finance these inequities, it also creates an artificial incentive to develop rural areas and encroach on natural preserves.

    It's bad policy. For phone and electric, I'm willing to hold keep my peace and underwrite expensive outlays to rural areas-- these are necessities, and I'm willing to take a hit so that other people can have those necessities. But to incurr those costs for entertainment seems a bit much-- particularly since for broadband and TV, viable alternatives do, in fact, exist. Sure, there aren't as many choices, but that applies to everything out in the country, from everything from stores to restuarants to places of worship.

    Why should broadband/TV access be any different?

    --
    Who is RTFM and when will he help me with Unix?