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As Big As Net Neutrality? FCC Kills State-Imposed Internet Monopolies

tedlistens writes: On Thursday, before it voted in favor of "net neutrality," the Federal Communications Commission voted 3-2 to override state laws in Tennessee and North Carolina that have barred local governments and public utilities from offering broadband outside the areas where they have traditionally sold electricity. Christopher Mitchell of the Institute for Local Self-Reliance said the move was as important for internet competition as net neutrality: "Preventing big Internet Service Providers from unfairly discriminating against content online is a victory, but allowing communities to be the owners and stewards of their own broadband networks is a watershed moment that will serve as a check against the worst abuses of the cable monopoly for decades to come." The laws, like those in over a dozen other states, are often created under pressure from large private Internet providers like Comcast and Verizon, who consequently control monopolies or duopolies over high-speed internet in these places.

234 comments

  1. Well done FCC by Anonymous Coward · · Score: 5, Insightful

    Good on you FCC!

    1. Re:Well done FCC by penix1 · · Score: 1, Interesting

      I absolutely agree.

      This might just be coincidence but since the net neutrality decision, my night time speed has gotten way better. Ever since I started the service at about 6:00 PM until midnight the service would slow to a crawl making it almost totally unusable. This has been going on now for the 5 years I have been on Suddenlink. Now, I am getting the 20 MB/s all day long. Granted, 20 MB isn't blazingly fast but it beats the drop to roughly 1 MB/s I was getting between those times.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    2. Re:Well done FCC by Darinbob · · Score: 5, Funny

      It's a slippery slope, soon the railroad barons will have to allow anyone to transport on their tracks!

    3. Re:Well done FCC by bjwest · · Score: 3, Insightful

      If we can get the content providers and ISPs separated, like it should be, maybe we'll see competition like we had in the days of dial-in. Oh to have the option to choose my ISP based on MY needs and desires, rather than either DSL or Cable, or only one of them and no other choice.

      That should be our next goal. Split the content providers and ISPs into two separate entities.

      --

      --- Keep the choice with the user..
    4. Re:Well done FCC by witherstaff · · Score: 2

      I agree - all the tax money put those lines in and the baby bells are a government mandated monopoly. A level playing field would be amazing. When the FCC rolled back many of the '96 telco reform act the small ISP could no longer compete. Wholesale rates were higher than the telco was offering retail rates to the end user.

      For a good first step how about the telco's having to live up to their $400 billion in broken contracts. One agreement had every house in NJ to be on fiber by mid 2000s. http://newnetworks.com/bookofb...

    5. Re:Well done FCC by Gr8Apes · · Score: 3, Insightful

      This is a point that's been stated over and over, we finally got part one: net neutrality. Part 2 is partially here, with the banning of those exclusive monopoly cabling deals. Now if the tax payer paid for cabling can be turned over to the municipalities, we can finally get to a point where your cable is essentially locally owned, and the services you may desire, email, web hosting, TV stations, etc, can be provided by whom ever you choose.

      --
      The cesspool just got a check and balance.
  2. One Word ... by anagama · · Score: 2

    Finally!

    (actually, one word is impossible due to the lameness filter, and honestly some other words would be good, like: hahaha, die bastards die, suck it, etc. etc.)

    --
    What changed under Obama? Nothing Good
    1. Re:One Word ... by Black+Parrot · · Score: 3, Funny

      actually, one word is impossible due to the lameness filter

      Maybe we can get the FCC to take that on next!

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:One Word ... by NoNonAlphaCharsHere · · Score: 5, Insightful

      The irony of your post vs your sig is delicious. Meanwhile, I can't help wondering how long it will take some future Republican administration to unroll this, so the big ISPs can go back to rent-seeking.

    3. Re:One Word ... by ShanghaiBill · · Score: 4, Insightful

      I can't help wondering how long it will take some future Republican administration to unroll this, so the big ISPs can go back to rent-seeking.

      That is unlikely. There is rarely a ground swell of support for anti-monopoly actions, such as NN and this ban on bans, because the public is not aware of how much they are harmed by rigged markets. But once the monopoly is broken, people will be much more opposed to reinstating it.

    4. Re:One Word ... by Luckyo · · Score: 5, Insightful

      One sentence: Now you actually have a chance to have a decent internet service without massively overpaying for it in US.

      It's going to be interesting to see how quickly municipal internet in US can actually challenge incumbent monopolies and force them to compete on quality and price.

    5. Re:One Word ... by Adriax · · Score: 1

      Now begins the stall tactics. "Grass roots" opposition on the basis of the project would be a huge waste. Officials who support the projects finding themselves target by cookie cutter *insert politician name here* attack ads on cable.
      All so their lobby drones have more time to rewrite the laws and make it illegal again.

      --
      I don't suffer from insanity, I enjoy every minute of it!
    6. Re:One Word ... by NoNonAlphaCharsHere · · Score: 3, Insightful

      Nah. Lots of corporate campaign contributions, a few Federal lawsuits, and then there'll be a lot of sound bites about "getting the government off our backs" and "deregulation" and "states rights" and hey presto! we'll be back to monopolistic rent-seeking before you know it.

    7. Re:One Word ... by sumdumass · · Score: 2

      Actually, the FCC basically wrote the lawsuit with all it's work on the internet being an information service or an enhanced service prior to 96. I doubt the FCC will have to wait until republicans get in power before having to toss the title 2 regulation over the internet.

      It is important to note, the FCC has never until recently held any position that the internet was anything other than a title 1 enhanced or information service. Even the brief period of time in the 90's when it became a title 2 classification due to court action that was overturned on appeal, they wrote legal briefs and filed them with the courts proclaiming the mistake in title 2 classification.

      Here are a few notable quotes from one of the reports I have have been looking at.

      i]t
      certainly was not Congress's intent in enacting the supposedly pro-competitive, deregulatory 1996 Act to extend the burdens of current Title II regulation to Internet services, which historically have been excluded from regulation."

      and

      Senators Ashcroft, Ford, John F. Kerry, Abraham and Wyden emphasize that "[n]othing in the 1996 Act or its legislative history suggests that Congress intended to alter
      the current classification of Internet and other information services or to expand traditional telephone regulation to new and advanced services." 75 Like Senator McCain, they state: "Rather than expand regulation to new service providers, a critical goal of the 1996 Act was to diminish regulatory burdens as competition grew."

      http://transition.fcc.gov/Bure...

      As much as something needed to be done about the state of internet, I don't think the FCC's move was the right thing and I'm pretty sure it will not pass the court's especially seeing how they are bragging about doing it to get around a failed court challenge to something previously. I can't see the courts siding with the FCC if there is any ambiguity at all.

    8. Re:One Word ... by Darinbob · · Score: 2

      It's hard to say though. There's enough of a libertarian leading in the party now that I don't think the pro-corporate faction could get away with it. They're essentially a minority in the party, with enough clout to stop or delay bureaucrats but not enough to add their own regulations (ie, barring municipal utilities is adding regulation, while allowing them is more hands-off, and the hypocrisy would be obvious even to factions who normally only care about social issues).

    9. Re:One Word ... by Darinbob · · Score: 5, Interesting

      Municipal electric utilities have sprung up for some time, but they're still relatively uncommon despite the benefits. I suspect it will be similar for internet utilities.

      And of course, if Comcast charges $75/month and the city charges only $25, some people will still whine about it because it's the evil government charging the $25.

    10. Re:One Word ... by CaptainDork · · Score: 1

      Or, we could just send it to SCOTUS and let them fuck us over like what happened when they said businesses and unions were people.

      --
      It little behooves the best of us to comment on the rest of us.
    11. Re: One Word ... by Anonymous Coward · · Score: 0, Flamebait

      It's awesome how you're excited about a government agency unconstitutionally deciding they have more power over your online communications.

    12. Re: One Word ... by Anonymous Coward · · Score: 0

      Just like how the post office competes with UPS and FedEX, governments attempts in Internet service will be subpar, more invasive and more expensive/costly.

    13. Re:One Word ... by anagama · · Score: 2

      Yeah -- Obama being basically a GOP posterchild in every other policy -- how ironic. After 8 years, fucking finally he does something a liberal could be proud of.

      --
      What changed under Obama? Nothing Good
    14. Re: One Word ... by anagama · · Score: 4, Informative

      Yeah -- subpar. Every time I ask FedEx or UPS to mail a letter for me for less than 50c, they laugh.

      --
      What changed under Obama? Nothing Good
    15. Re: One Word ... by kenh · · Score: 1

      Don't you understand this decision? It's not about 'self-control' of the Internet backbone, it's about allowing municipalities or utility companies to offer services outside their service area, the locals don't want to run their own Internet backbone, they want someone else to come into their territory and offer service.

      --
      Ken
    16. Re: One Word ... by kenh · · Score: 1

      UPS and FedEx are bared from competing with the post office for mail delivery.

      While the USPS is structured like a business, Congress often prevents it from actually operating like a private company, such as taking actions to reduce costs, improve efficiency, or innovate in other ways. The agency is also obligated by statute to provide mail services to all Americans, irrespective of where they live and the cost of serving them. Furthermore, it is required to deliver first-class mail at a uniform price throughout the nation.

      While Congress imposes various costs and obligations on the USPS, it also protects it from competition. The USPS has a legal monopoly over first-class mail and standard mail (formerly called third-class mail). Thus, we have a postal system that encourages high costs and inefficiency, while preventing entrepreneurs from trying to improve postal services for Americans.

      See the Postal Code of 1872 for further information on the USPS monopoly on mail delivery.

      --
      Ken
    17. Re:One Word ... by SEE · · Score: 4, Informative

      Given the 8-1 decision in Nixon v. Missouri Municipal League in 2004, it's essentially certain that this FCC action will be overturned by the courts. The FCC doesn't have a legal leg to stand on.

      In that case, the Supreme Court ruled that federal law did not and could not preempt a Missouri state law that prohibited municipalities from providing Internet service. Of the eight-member majority in that case, five (Kennedy, Ginsburg, Breyer, Scalia, and Thomas) are still on the court.

    18. Re:One Word ... by Maxo-Texas · · Score: 2

      Not as long as John Oliver is on the job keeping them honest. Hard to believe he's accomplished so much so far with only 15 minutes a week dedicated to examining one issue in depth.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    19. Re:One Word ... by wyattstorch516 · · Score: 1

      "Now you actually have a chance to have a decent internet service without massively overpaying for it in US"

      The good news is that you get cheap, fast Internet.
      The bad news is that your property taxes will double to pay for it.

    20. Re:One Word ... by Anonymous Coward · · Score: 2, Insightful

      That was before Title II. Now they actually have the authority.

    21. Re: One Word ... by HairyNevus · · Score: 1

      The U.S. Postal Service is the only government agency that generates its own money and doesn't get funding from taxes. I fail to see how no cost to taxpayers is more expensive/costly than...whatever you're implying (that FedEx and UPS be allowed to carry regular mail? 3 mailmen a day is less invasive, seriously?!).

      --
      You were critically hit for no damage. The bruise will look nice, and maybe the scars will make good party talk.
    22. Re:One Word ... by Anonymous Coward · · Score: 0

      The bad news is that your property taxes will double to pay for it.

      [citation needed]

    23. Re: One Word ... by Anonymous Coward · · Score: 0

      Could be worse.

      Could be Canada Post.

      UPS, Fedex and DHL are "courier services" which by some strange mechanism means they are only supposed to deliver parcels, but this also includes overnight delivery of some kinds of mail.

    24. Re:One Word ... by Anonymous Coward · · Score: 1

      Allowing the FCC to nullify state law sounds pretty damn outrageous. I.E. it has Barack Obama's fingerprints all over it and deserves to go down in flames in the courts. As for allowing towns to set up their own ISP's, I don't see a problem with it as long as the town citizenry gets a vote and they don't go deep into debt and ask to get bailed out by the state later. What towns ought to do though is make it possible for companies to build or improve their networks, something the FCC can't pretend to have any control over.

    25. Re: One Word ... by Anonymous Coward · · Score: 3, Insightful

      If access to the World Wide Web and Internet doesn't qualify as interstate commerce then nothing does.

    26. Re: One Word ... by Anonymous Coward · · Score: 3, Insightful

      FedEx et al would undercut the prices and only take the bigger cities where it costs less on average to post a letter. USPS cannot refuse to take a letter for the same price from Podunk to Notown all the way across the country. So if the private industry want to play, they'd need to be forced to offer a universal postal service just like USPS. Which would be decried by you and the one you quoted as "bad government regulation interfering with private industry!". But without that, either

      a) you have no postal service in smaller towns (no demand on USPS to offer a service)
      or
      b) no genuine market rate for delivery, since it won't include costs of universal postal service amortization.

      the first is unfair on the people, the second is not proving that private industry has any ability to offer a cheaper and more efficient service, since they can avoid some of the costs of service when compared to the governmental service, which is unfair on the government. Remember, governments are made of people working there too, you know, just like corporations.

    27. Re:One Word ... by unitron · · Score: 4, Insightful

      Allowing the FCC to nullify state law sounds pretty damn outrageous. I.E. it has Barack Obama's fingerprints all over it and deserves to go down in flames in the courts. As for allowing towns to set up their own ISP's, I don't see a problem with it as long as the town citizenry gets a vote and they don't go deep into debt and ask to get bailed out by the state later. What towns ought to do though is make it possible for companies to build or improve their networks, something the FCC can't pretend to have any control over.

      Actually the FCC is preventing states from nullifying the will of municipalities.

      Make no mistake, these laws, no matter what rationales are offered, are only about protecting outfits like Comcast and Time Warner Cable from competition, and keeping certain areas reserved for them until they feel like getting around to providing service in them.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    28. Re:One Word ... by unitron · · Score: 1

      The bad news is that your property taxes will double to pay for it.

      [citation needed]

      He wants to believe it, therefore it must be true.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    29. Re: One Word ... by Anonymous Coward · · Score: 0

      Don't forget that UPS and FedEx dump packages to the USPS when it's cheaper than delivering it themselves. (think rural areas)

    30. Re: One Word ... by rock_climbing_guy · · Score: 1

      I agree with you. However, I find it quite disturbing that we need the FCC to nullify a state law that should have never seen the light of day. The price of liberty is constant vigilance, indeed

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    31. Re:One Word ... by thaylin · · Score: 1

      And they are not preempting the ban. They can still ban it, but if they dont they cannot restrict it to imaginary boundaries.

      --
      When you cant win, ad hominem.
    32. Re:One Word ... by jmac_the_man · · Score: 1

      Actually the FCC is preventing states from nullifying the will of municipalities.

      And the municipalities are nullifying the will of private citizens. The idea here is that because the government can subsidize their business schemes through tax dollars on everyone, people who use the business and people who do not, government interference should be kept to a minimum. The fear is that the government will put in a shitty connection and subsidize it with taxes. That will make it harder for people who want a better connection to get one, because the real ISP can't make a profit if they can't wire up most of the town.

    33. Re:One Word ... by Anonymous Coward · · Score: 0

      ... some people will still whine about it because it's the evil government charging the $25.

      Just like people whine about their evil government is charging them for public water and sewage connections.

    34. Re:One Word ... by Fire_Wraith · · Score: 1

      A single individual has the option to move to another location outside that municipality. While this may not be easy or ideal, it's certainly moreso than the notion of the municipality moving to another state.

      As far as the concerns regarding tax-subsidized business ventures competing with private firms, while that may be valid in some instances, that's not been the case in the instances in question here. Furthermore, this is the sort of area where municipalities in general have a long history of providing exactly these kinds of services, at reasonable cost, such as water, gas, trash pickup, etc.

      Can it be abused, or turn bad? Certainly, as with all manner of human endeavor, corruption is always possible. However, the answer is not for state laws to ban all municipal internet services, especially at the behest of the incumbent providers who are refusing to provide the kind of service that the residents are asking for, and are willing to pay for. Municipal government is generally the most responsive to its citizens, and the easiest to change and reform - certainly moreso than state or federal.

    35. Re:One Word ... by Gr8Apes · · Score: 1

      Finally!

      --
      The cesspool just got a check and balance.
    36. Re: One Word ... by sumdumass · · Score: 3, Informative

      Even if it is interstate commerce, the constitution says congress has the power to regulate it not some extra legislative commit or department. It doesn't resolve the need for an act of congress to create the regulation or even pass the standards for the regulation to a department created for that reason. And there lays the problem, the FCC has openly and often admitted that congress never intended the FCC to regulate the internet in the ways it is trying to do. Congress has never given the FCC the power to create laws or rules for existing laws that would allow this to survive a constitutional challenge in court.

    37. Re:One Word ... by unitron · · Score: 1

      "And the municipalities are nullifying the will of private citizens."

      Every time the politicians running a municipality enact something desired by less than 100% of the residents it's "nullifying the will of private citizens", but it's also enforcing the will of other private citizens. If it does something which nullifies the will of a majority of the residents, said politicians will find themselves replaced come the next election.

      Almost all of the members of the NC legislature are not residents of Wilson and I daresay the ones who voted for that law were more concerned with what TWC wanted than what Wilsonites did.

      I feel reasonably sure that the elected officials in Wilson who got Greenlight started were residents of Wilson and a lot more in touch with the wishes for faster broadband of their fellow residents, wishes which TWC and Embarq weren't interested in dealing with until Wilson started Greenlight, and then, as I recall hearing at the time, all of a sudden they started whining about how they were going to "real soon now".

      In my neighborhood in a different NC city, where we're only about 3 blocks from a switching station, I heard "real soon now" about DSL as Carolina Telephone and Telegraph became Sprint became Embarq became CenturyLink. At some point I gave up and went with cable modem.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    38. Re:One Word ... by diamondmagic · · Score: 1

      SCOTUS never said "businesses and unions are people". Corporations are merely owned by people, and those people have the full protections of the First Amendment, whether they're operating as sole proprietors or in a voluntary association, like a corporation.

    39. Re:One Word ... by diamondmagic · · Score: 1

      One more sentence: If you think Internet access is expensive now, wait until it's free!

    40. Re:One Word ... by CaptainDork · · Score: 1

      Yeah, that's what I said.

      --
      It little behooves the best of us to comment on the rest of us.
    41. Re: One Word ... by Anonymous Coward · · Score: 0

      Really? I would see that as an opportunity to start a local business offering postal drop off and pickup service. I would take the bundle to big city and hand it off to UPS for a small transport fee.

      I guess nobody ever thought of a business model like this, or else we would see a lot of smilar examples like pizza, flower, grocery, etc. delivery.

    42. Re:One Word ... by SEE · · Score: 1

      Title II is completely irrelevant to this action. Try again.

    43. Re:One Word ... by SEE · · Score: 1

      The Federal Government can no more authorize a municipality to provide Internet service outside its "imaginary boundaries" than it may authorize a municipality to enforce its city ordinances outside its "imaginary boundaries". The geographic scope of the powers of municipalities is an internal matter of the organization of the state government for the same reasons the existence of ans such powers is an internal matter of the organization of the state government.

    44. Re: One Word ... by Luckyo · · Score: 1

      Reason for this is very simple - the cost to the end customer would be astronomical as they would have to pay:
      1. UPS fees which would be high due to remote location.
      2. Your fees for obvious reasons.
      3. UPS's and your profit margins.

      This would result in living in the rural areas to be even harder than it is right now, emptying it out further.

    45. Re:One Word ... by Anonymous Coward · · Score: 0

      Municipal electric utilities have sprung up for some time, but they're still relatively uncommon despite the benefits. I suspect it will be similar for internet utilities.

      They're far from uncommon. According to the American Public Power Association, 27.2% of US electricity customers are served by cooperatives or publicly-owned utilities. Typically, these are smaller utilities that serve rural areas or smaller cities that are less profitable. I expect a similar pattern will eventually emerge with Internet providers.

    46. Re: One Word ... by everett · · Score: 2

      You mean an act of congress like the Communications Act of 1934?

      --
      Sig withheld to protect the innocent.
    47. Re: One Word ... by everett · · Score: 1

      Specifically where congress did this bit:

      The stated purposes of the Act are "regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, nationwide, and worldwide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, and for the purpose of securing a more effective execution of this policy by centralizing authority theretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is hereby created a commission to be known as the 'Federal Communications Commission', which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this Act."

      --
      Sig withheld to protect the innocent.
    48. Re:One Word ... by Anonymous Coward · · Score: 0

      Actually the FCC is preventing states from nullifying the will of municipalities.

      Municipalities are creations of the states. The states have the power to do whatever they wish towards counties, cities and towns. The federal government is also the creation of the states. The power it can exercise against the states used to be limited by the Constitution. The FCC has no constitutional authority to nullify restrictions that states put on their municipalities going into business competing against private actors.

    49. Re:One Word ... by david_thornley · · Score: 1

      No, the Supreme Court said that corporations have First Amendment rights. The stockholders and officers of corporations always had First Amendment rights, and I don't know anybody who argues against that. The question was whether a corporation could donate corporate funds to political campaigns, since it was always fine for stockholders and corporate officers to do so.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    50. Re:One Word ... by diamondmagic · · Score: 1

      I'm not sure what distinction you're making, or why you seem to disagree.

      Of course a corporation, being an autonomous legal entity of multiple owners, run according to a set of rules by many individual owners, has as much right as a sole proprietorship.

      Again, people don't lose their rights because they form together in union.

      To say "No, You Corp. can't donate to this campaign" would mean the government intervening in an exchange between You Corp. and some newspaper, or political campaign, or PAC; effectively invalidating the contract between the owners, who would otherwise each be able to contribute individually.

    51. Re: One Word ... by sumdumass · · Score: 1

      Yes, one like it except for it would actually allow the things being done.

    52. Re: One Word ... by sumdumass · · Score: 1

      Great. Now that we know you can look stuff up, and assuming there is not a comprehension problem hiding within you, where in law does it give this person the powers in question?

      You did see the parts about granted by law and the provisions of this act right? Of course you did and since you posted the declared purpose, i'm sure you will be able to post the provisions in law allowing it.

    53. Re:One Word ... by q4Fry · · Score: 1

      Can we get him on StingRays next?

    54. Re:One Word ... by david_thornley · · Score: 1

      People don't lose their rights by forming into some sort of union. However, why would the union have rights?

      Saying that a corporation can't donate to a political campaign does absolutely nothing to the individual rights of any owner, officer, customer, or nemesis of the corporation. There would be absolutely nothing stopping owners from contributing individually. I have no idea whatsoever why you think this could, under the Constitution, be otherwise.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    55. Re:One Word ... by diamondmagic · · Score: 1

      For the union/association/corporation to have a "right" means the government, or anyone else, cannot take action against it; here just because it gives money to another party, including political campaigns.

      Rights are not a magic shield that someone owns or doesn't own, it's not a piece of property someone can sign away, it's a statement of fact that identifies when it's lawful to use force to compel someone to do something.

      Saying that a corporation can't donate to a political campaign does absolutely nothing to the individual rights of any owner, officer, customer, or nemesis of the corporation.

      Um, what about the owners who, you know, own the corporation? The government is telling them they can't do with their property as they see fit. It's a violation of some very real person's rights.

      If corporations didn't have rights, how could they be a party in a contract? How could they sue for damages? They have right to not be defrauded, after all. Same thing if they want to give money away. The two concepts are inseperable.

      Again, the corporation is formed as an autonomous entity following the rules set by the owners. If a co-owner were to give off corporate assets in violation of this agreement, that's theft, it's a violation of the contract.

      And if the government were to take legal action against it for giving away assets in a fashion it doesn't like, that's theft.

    56. Re:One Word ... by david_thornley · · Score: 1

      The owners are perfectly free to donate as they please. If they like, they can have the corporation distribute all of its profit as dividends, and they can donate those. Problem solved.

      You seem to believe that packages of rights are inseparable, which makes no sense, and you seem to think that a corporation should follow rules set by the owners. In fact, a corporation is not a naturally existing thing (it's much different from a partnership), and should function according to the laws governing corporations. If this turns out to be inconvenient for the people who would like to form a corporation that violates laws, then the people don't have to form a corporation. They can form a large partnership.

      I can follow none of your other reasoning. Please order your thoughts better.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    57. Re:One Word ... by diamondmagic · · Score: 1

      I'm not sure I can make this any easier:

      The First Amendment says "No law... abridging the freedom of speech". No exceptions.

      Not "No law, unless the target is a corporation, or computer, or algorithm, or noncitizen, or..." or any other thing.

      Congress shall make no law.

      Yet Congress made a law they had no power to make. As such, it's not a law at all; and unenforceable in court.

    58. Re: One Word ... by RyoShin · · Score: 1

      That reminds me of waiting in a very long line (maybe it was Christmas?) to send packages through the USPS, and someone at one of the counters spent their entire time ranting to the postal worker about how USPS service was horrible and they hoped the service would become a private one, and that private industry was better.

      If I'd had my wits about me then, I would have said "Hey, if you like private industry so much, why are you here instead of FedEx or UPS?"

      Their ranting probably delayed the rest of us getting to the counter by a minute.

  3. cant lie by ganjadude · · Score: 5, Insightful

    when we all found out who was taking over the FCC, I was terrified. Former cable lobbyist, now in charge of the group intended to regulate the same people. But it really looks like wheeler may be the right man for the job

    --
    have you seen my sig? there are many others like it but none that are the same
    1. Re:cant lie by Anonymous Coward · · Score: 1

      Yep. I had the SAME exact worries.. -totally- surprised and happy by these turn of events. Kick those fraggin ISPs right in their JEWELS.

    2. Re:cant lie by Luthair · · Score: 5, Interesting

      Oddly parts of his background were overlooked by everyone. He was CEO of a small ISP at one point and was involved in tech startups until the 90s.

    3. Re:cant lie by Darinbob · · Score: 1

      Now we can go back to worrying about the bankers in charge of banking regulations.

    4. Re:cant lie by CaptainDork · · Score: 2

      Or, even more interesting, we can go back and determine the true colour of the dress.

      --
      It little behooves the best of us to comment on the rest of us.
    5. Re:cant lie by Andrio · · Score: 1

      John Oliver once said having a former telecom lobbyist be the chairman of the FCC was like having a dingo babysit your baby. Wheeler responded to this by saying "I am not a dingo"

      I always wondered if that had like a double meaning.

      --
      The Internet King? I wonder if he could provide faster nudity.
    6. Re:cant lie by PJ6 · · Score: 1

      when we all found out who was taking over the FCC, I was terrified. Former cable lobbyist, now in charge of the group intended to regulate the same people. But it really looks like wheeler may be the right man for the job

      Don't tell me you think he voted his conscience. He can be bought, and one side bought him off harder than the other.

    7. Re:cant lie by Fire_Wraith · · Score: 1

      The question really was where his personal beliefs and loyalties lay. For instance, if your job is to represent a certain set of interests, you may do so wholeheartedly, even though you think exactly the opposite (lawyers in particular). Now, most (moral) humans aren't really capable of doing this for overly long periods of time, so we tend to gravitate more towards positions that conflict less with our own personal beliefs - that is, unless we've decided that the money involved outweighs the cost of our cognitive dissonance.

      Thus, it was not an unreasonable assumption that based on his prior position as head of the cable industry lobbying association, either A) he had decided that his sympathies lay more with the cable/telco industry, or B) that his financial interests would be better served by ignoring any conflicting personal beliefs of his own.

      We should all be thankful that it appears that neither of these was the case; an increasing rarity (or at least seemingly so) in today's world. Instead of a dingo, we wound up with a guard dog.

    8. Re:cant lie by ganjadude · · Score: 1

      i dont care about his reasons, i care about his actions.

      --
      have you seen my sig? there are many others like it but none that are the same
    9. Re:cant lie by dpidcoe · · Score: 1

      It seems sort of odd to me that that's even brought up as a negative. I mean, in the first instant of thinking about it sure, but my thought immediately after that was "nah, those places that do your taxes brag about how they hire former IRS employees, isn't this kind of like the same thing?".

  4. Authority by Anonymous Coward · · Score: 0

    Does the FCC even have the authority to do that? Under what legal theory does an unelected federal regulatory commission have the authority to overrule state government laws on matters of state government interest? Don't get me wrong, I'm glad to see such laws go, as they're a major competition inhibitor, but how does the FCC have any authority in this?

    1. Re:Authority by Anonymous Coward · · Score: 2, Insightful

      who the fuck cares?

    2. Re: Authority by jd · · Score: 2, Interesting

      That is a good question. The last time the courts ruled on this, the ruling was that the FCC had ceded power and couldn't claim it back without the will of god. Or Congress, or something.

      Personally, I'm all in favour of Thor turning up to the Supreme Court, but he probably wouldn't be allowed in on account of not having a visa.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:Authority by Tokolosh · · Score: 1

      I reason thus: The country is based on the premise that you have inalienable rights - to bear arms, marry who you want, say what you want, to privacy, to remain silent, to make a living, etc. Neither the Federal nor a State government can abrogate these rights, except to prevent physical harm to others. A government may enact regulations, which are defined in the classical, correct sense of managing potentially conflicting rights in such a way as to minimize conflict. So if your state infringes your right to marry/bear arms/start an ISP, then it is incumbent on everyone, including the federal government and the courts, to ensure your rights are protected.

      So there is no problem with this, except if the community makes any rules that discriminates against other potential competitors, thus infringing their rights. This means that they should not regulate themselves.

      Naturally, this philosophy is observed only when it suits the politicians, which results in the problems we observe.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    4. Re: Authority by Jane+Q.+Public · · Score: 5, Interesting

      Does the FCC even have the authority to do that? Under what legal theory does an unelected federal regulatory commission have the authority to overrule state government laws on matters of state government interest? Don't get me wrong, I'm glad to see such laws go, as they're a major competition inhibitor, but how does the FCC have any authority in this?

      Congress has clear authority to regulate interstate commerce, under the Constitution. Unlike some other things Congress has tried to regulate, it is very clear that the Internet is interstate commerce.

      Having said that, the question that remains is whether Congress can delegate their lawmaking authority to some government bureaucracy. The correct answer to that question is probably no. But I know there are many people who would argue that point.

      The last time the courts ruled on this, the ruling was that the FCC had ceded power and couldn't claim it back without the will of god. Or Congress, or something.

      Not even close. The Supreme Court ruled that the FCC could not impose the rules it had tried to impose, BECAUSE it had not classified internet companies as Title II common carrier communications companies. So what the FCC did here, quite properly (if you accept that they have any authority to do it at all), was to re-classify internet providers as Title II common carriers.

      There are many implications to this that people haven't been discussing much. It depends on the exact language of the rules when they go into effect. But the OLD rules for Title II common carriers stipulated that your communications can't be legally "intercepted" without a warrant. So deep packet inspection by ISPs is probably out the window.

    5. Re: Authority by cptdondo · · Score: 1

      Personally, I'm all in favour of Thor turning up to the Supreme Court, but he probably wouldn't be allowed in on account of not having a visa.

      You, sir, win the internet today.

    6. Re: Authority by Zontar+The+Mindless · · Score: 2

      Personally, I'm all in favour of Thor turning up to the Supreme Court, but he probably wouldn't be allowed in on account of not having a visa.

      Citizens of the Nordic countries don't need visas to visit the US. So bring him on.

      --
      Il n'y a pas de Planet B.
    7. Re: Authority by ShaunC · · Score: 1

      But the OLD rules for Title II common carriers stipulated that your communications can't be legally "intercepted" without a warrant. So deep packet inspection by ISPs is probably out the window.

      I assume the government has already served any ISP worth mentioning with a secret FISA warrant that says "give us everything."

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    8. Re: Authority by CanadianMacFan · · Score: 1

      Well according to the show The Almighty Johnsons (a really good comedy) Thor is living in New Zealand so he might need a visa after all. (Don't know if Kiwis need one or not.)

    9. Re:Authority by EmagGeek · · Score: 1

      The legal theory is the delegation of powers. Congress delegated the power to write legislation within a certain scope, breadth, and depth, to the executive branch of government, authorizing it to set up an agency to manage same.

      Congress has the right to delegate its power to legislate to other branches of government. It is unfortunate, but we are learning now that it has delegated pretty much all of its power.

    10. Re: Authority by Anonymous Coward · · Score: 0

      No, Congress does not have clear authority to regulate interstate commerce. The vastly and almost always misused commerce clause does not give them authority to do that. It gives Congress authority to keep interstate trade flowing (regulate: to make regular as in to regulate a clock), not to control it in any fashion. The results may be good, but that does not make the means valid.

    11. Re:Authority by sjames · · Score: 2

      The federal government has the authority to regulate interstate commerce, which includes telecommunications. The FCC charter tells it to use that power for the public interest.

    12. Re:Authority by Anonymous Coward · · Score: 0

      And what part of regulating who can build in the public right of ways and who can operate what businesses where within a state is "interstate commerce"?

    13. Re: Authority by Anonymous Coward · · Score: 0

      The courts ruled that, since the ISPs were not regulated as utilities, the earlier action by the FCC could not stand. I think that they are on much firmer ground now.

    14. Re: Authority by Anonymous Coward · · Score: 0

      The past where that business or right-of-way is involved in interstate commerce, in this case, access to the broader venue of the INTERNET.

      Congress and the Federal government can let states have some discretion, and authority but they can also override laws and regulations where they find interference in their purposes.

    15. Re: Authority by Anonymous Coward · · Score: 1

      The FCC is not making laws. It is authorized (by laws passed by Congress) to make and revise regulations. The nature and extent of the regulations the FCC can make is described in the enabling law that established the FCC. There are a good many agencies that operate the same way, such as the FAA. It would be impractical for Congress to operate at the level of detail overseen by the various commissions and authorities. Moreover, the process of making and revising regulations allows a good deal of input from interested parties. Since the commissioners aren't elected, they may be a little less influenced by money than Congress critters, and they're more likely to go to jail if financial interest can be proved. It certainly isn't perfect, and it doesn't take much cynicism to claim that it's all corrupt. It's also possible to claim that it's a reasonable attempt to bring the implementation of the enabling laws under the control, or at least the influence of we the people.

    16. Re: Authority by CaptainDork · · Score: 2

      Yeah, he'd be a Thor loser.

      --
      It little behooves the best of us to comment on the rest of us.
    17. Re: Authority by Anonymous Coward · · Score: 0

      Liberty loving people care, and no the FCC does not have the power to do this.

      Courts will strike this down, because unelected government agency bureaucrats cannot make laws or vote themselves new powers.

      More so nothing in the Constitution gives the federal government the power, so ideally we should let the states try different ideas from lots of rules and regs to no regulation and let's see what works best.

    18. Re:Authority by mc6809e · · Score: 1

      The legal theory is the delegation of powers. Congress delegated the power to write legislation within a certain scope, breadth, and depth, to the executive branch of government, authorizing it to set up an agency to manage same.

      The question, though, is does that delegation extend beyond the term of the current congress?

      It seems it would be unconstitutional to legislate away the law making power of future congresses.

    19. Re: Authority by Zontar+The+Mindless · · Score: 1

      US citizens can get a visa online to visit AUS or NZ, and IIRC that's also true going the other way.

      --
      Il n'y a pas de Planet B.
    20. Re: Authority by kenh · · Score: 1

      Because Democrats really, really want it (whatever it is - have yet to actually know what's in the 300+pages), no laws can stand in their way.

      Obamacare was so good, they had to pass it in the dead of night in a rushed manner because Republicans had a chance to stop it.

      The Loans to Solyndra were so important that they ignored repeated warning of the company's flawed business model and right before it finally imploded (exactly when it was predicted to, BTW), the administration had to put private investors ahead of the American taxpayers for recovery after bankruptcy, violating federal law - but they really, really wanted solar panels made in a half-billion dollar factory in Silicon Valkey to succed!

      They were so sure that straw gun sales were happening along the southern border that they had to force gun shops to make the sales, so they could record them on video tape and then, inspector Clousseu-like, sit by and watch the guns slip across the border I to Mexico, with no one on the other side of the border knowing what was going on - they just really, really wanted to stop the gun sales!

      The President really, really wanted to fill some vacancies I the NLRB with friends of big labor, but darn it, the Congress wouldn't go on recess - so he just decided they were in recess and made his appointments. Then the Supreme Court told him he couldn't do that, but it was too late.

      See, a deeply-rooted belief that something is needed trumps all laws.

      --
      Ken
    21. Re: Authority by jader3rd · · Score: 3, Interesting

      the question that remains is whether Congress can delegate their lawmaking authority to some government bureaucracy. The correct answer to that question is probably no.

      If that were true the Treasury (part of the Executive branch) wouldn't be able to issue debt. Up until WWI Congress decided how much debt to issue. During WWI a lot of expenses started adding up (tanks, planes, etc) and Congress found debating how sell bonds to be boring. So they gave that responsibility over to the Treasury and said "If we've made it part of a law and it requires money, issue as much debt as needed to pay for it". Later, they imposed a "debt limit", but it's odd to impose the debt limit on the Treasury given the fact that the Treasury is only finding ways to fill in the funding gaps laid out by Congresses budget.

    22. Re: Authority by itzly · · Score: 1

      They do, if they want to come work.

    23. Re: Authority by dywolf · · Score: 3, Informative

      once again: you are wrong about independent agencies.
      we've been through this at least a dozen times.
      Congress absolutely has the power the to delegate, the same as the President does.

      Just as no one could ever reasonably the President to personally oversee the enforcement of the entire body of law without delegation, no one could ever expect the Congress, 535 people, to personally be experts at every single topic and perform all necessary oversight. It take an entire agency to keep an eye on Wall Street, the SEC. It takes an entire agency to study the environment we live in and forge compromises between the needs of the public and the needs of industry, the EPA. I could run through the entire list, but there should be no need.

      The only people who argue the point are unreasonable people who think a return to the agrarian society run by educated scholarly farmers envisioned by Jefferson is still a real possibility, ignoring all else that has happened in the past 200 years. The Constitution doesn't explicitly state that Congress can delegate, but it doesnt explicitily state a lot of things that we take for granted. The Founders were a lot of things, and varied a lot in ideology and opinion on strong or weak the government should be. But one thing they were not was stupid. And the idea that they expected us to adhere to the document like a holy writ verbatim for eternity was not part of the plan, as evidenced by the many clauses and phrases that are vague generalities and obviously exist solely for the purpose of expanding on the parts that are spelled out.

      Parts like (and this is not an exhaustive list) the 9th Amendment, the process for amending the document, and most relevant to this topic, the Necessary and Proper Clause, also known as the "basket clause". Article 1, Section 8, Clause 18:

      p>The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      IE, whatever it takes to run the country and enact the peoples will, they can do. Case closed.
      And there was a case, and it wasn't recent. McCulloch v Maryland, in 1819, a time when many of the Founders were themselves still alive, if not for much longer. And in that case the Courts established quite clearly that:

      "First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government."

      as indeed it must. Explicit powers are no good if they cannot be implemented due to the technicality that the prerequisites were not also explicitly stated. Again: the Founders were not stupid, but to take the opposite interpretation, an interpretation you seem to believe, is to imply that the Founders were in fact stupid.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    24. Re:Authority by The+Rizz · · Score: 1

      The question, though, is does that delegation extend beyond the term of the current congress?

      Yes, unless there's a clause specifically setting a point in time that the delegation of power ends or needs to be renewed.

      It seems it would be unconstitutional to legislate away the law making power of future congresses.

      No, because they haven't legislated away any power. If an act of Congress grants or delegates a power, then another act of Congress can reverse that - if they really wanted to, Congress could pass new legislation revoking or amending the previous legislation. The only way they could permanently legislate power away is via Constitutional amendment - which, by definition, cannot by unconstitutional.

    25. Re: Authority by Anonymous Coward · · Score: 0

      Congress routinely reauthorizes everything it did before, even its own rules, and more to the point, Congress could reassert the rulemaking back at its own discretion. And neither the FCC nor the regulated would be able to protest much. The only person with a say would be the President who could veto the law as Obama recently did. Yes, that Keystone veto wasn't about the pipeline itself, but the authority to approve them.

    26. Re: Authority by Anonymous Coward · · Score: 0

      Because access to the Internet is the very definition of interstate commerce. Almost everything productive that can be done with the internet and the World Wide Web has nothing to do with state boundaries or local authority.

    27. Re: Authority by Attila+Dimedici · · Score: 1

      Having said that, the question that remains is whether Congress can delegate their lawmaking authority to some government bureaucracy.

      More importantly, has Congress delegated their authority over this specific issue to the FCC? Of course, as has been demonstrated on the issue of illegal immigration (and several other issues as well), we no longer have a government of laws. The law is now whatever the President (and, in more and more cases, the bureaucrats who theoretically answer to him) says it is. Which means that it can change from day to day and person to person.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    28. Re: Authority by Attila+Dimedici · · Score: 1

      It would be impractical for Congress to operate at the level of detail overseen by the various commissions and authorities.

      Which indicates that it was the intention of those who wrote the Constitution that the Federal government not attempt to do so. If you read the various writings of those people you will discover that they thought the federal government should not get into such detail. If anything required close detail, those who wrote the Constitution thought that the laws regulating it should be written by those close to that actual detail.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    29. Re:Authority by Attila+Dimedici · · Score: 1

      I am not sure I agree with that legal theory, although it is one that has been accepted by the courts. However, that just brings us to the next question. What law did Congress pass which gives this authority to the FCC?

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    30. Re: Authority by BradleyUffner · · Score: 1

      8 != 300, but you already know that.

    31. Re: Authority by Anonymous Coward · · Score: 0

      I read that as applying to general IDS/IPS functionality as well.

    32. Re: Authority by thaylin · · Score: 1

      8 pages of rules, 290+ pages of precedent, forbearance, and other non rules. You can see what the rules are on their website, if you actually cared, and did not just want to attack them...

      Obama care was also not rushed. If you think the Republicans did not read it you are dead wrong. The we have to pass it to see whats in it comment was talking about the populace, not congress, but again I am sure you dont care about these facts.

      --
      When you cant win, ad hominem.
    33. Re:Authority by Bengie · · Score: 1

      With the same authority that they can tell states how to use air waves.

    34. Re: Authority by diamondmagic · · Score: 1

      How in the world do you manage to make the jump from: "The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers" (emphasis mine) to "whatever it takes to run the country and enact the peoples will, they can do."

      The "To establish post offices and post roads" clause lets the Federal government create a post office.

      The Necessary and Proper clause let's them purchase the raw materials, land, and labor to actually construct it.

      In other words, the Necessary and Proper clause gives the federal government a narrow and limited set of powers to do things in direct connection to one of the previous mentioned powers, if those things would be necessary (can't build a post office without materials) and proper (say, merely renting a post office location might be inferior).

      You know why I know this? The Framers themselves said your interpretation was wrong, in response to people worried that it would grant the US government too much power (as if that was a bad thing! And indeed it is!), in Federalist 44.

      Let's review: The necessary and proper clause grants Congress the powers to that which matches ALL of the following:

      • Necessary to execute another power of congress
      • The proper way to act on another power of congress

      That seems like a far cry from "do whatever the people want"!

    35. Re: Authority by diamondmagic · · Score: 1

      Congress cannot lawfully (constitutionally) delegate their authority to another branch of the government, certainly not for any longer than their two-year term, when a new Congress comes into session.

      Congress' own operating rules (on themselves) have to be re-approved every term, but a Congress from a century ago can give the President war-declaring powers today, or the power to censor broadcast (and now private) media, information, and telecommunications? Do I understand this logic right?

    36. Re:Authority by diamondmagic · · Score: 1

      The Federal government has the authority to regulate Interstate commerce: This is the opposite of stopping it or preventing it.

      And the Federal government has no power to intervene in the affairs of local, intrastate transactions, even if that would later result in packets being moved across state lines. This case of packets going across state lines would instead fall under interstate peering agreements, that is Federal jurisdiction. But that has nothing to do with local governments setting up taxpayer-funded Internet, and the legality thereof.

    37. Re: Authority by Attila+Dimedici · · Score: 1

      I have not studied this closely, but I believe that Congress could pass a law, signed by the President, defining certain aspects of their rules which would last until a future Congress passed a law overturning that law. The same is true of the laws delegating their authority.

      That, at least is how I understand the legal theory. I do not think the Framers of the Constitution would agree. I am certain they would not approve of Congress delegating so much of their authority.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    38. Re: Authority by Zontar+The+Mindless · · Score: 1

      Yes, and...?

      --
      Il n'y a pas de Planet B.
    39. Re: Authority by Jane+Q.+Public · · Score: 1

      Exactly. Thank you for making this point. It is what I hinted at above, but I didn't want to get into it at the time.

    40. Re: Authority by Jane+Q.+Public · · Score: 1

      If that were true the Treasury (part of the Executive branch) wouldn't be able to issue debt. Up until WWI Congress decided how much debt to issue.

      You're making my point for me.

      Please show where in the Constitution it says that Congress can delegate ANY of its authority to the Executive branch.

      The fact that they may have tried to do so has no bearing on whether they are Constitutionally allowed to do so. In fact Libertarians have been pushing that very point for a number of years now, and it is now being pushed by members of the current Congress.

      Also -- to forestall a possible argument that hasn't been made yet -- U.S. Supreme Court has ruled very clearly that the duration of a wrong has no affect on whether it is right or wrong. So the fact that they may have been doing it for 90 years has no bearing on whether it is right or proper.

    41. Re: Authority by Jane+Q.+Public · · Score: 1

      How in the world do you manage to make the jump from: "The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers" (emphasis mine) to "whatever it takes to run the country and enact the peoples will, they can do."

      As GP said, we've been through this a dozen times. And each of those times, he has made the same flat claims with no supporting evidence.

      He doesn't know the history or meaning of the necessary and proper clause, and he thinks the general welfare clause was a permissive one, despite the overwhelming historical proof otherwise. Not to mention the interstate commerce clause. I don't even bother to argue with him about it anymore. It's a waste of time, except when it might be valuable for others to read.

    42. Re: Authority by Jane+Q.+Public · · Score: 1

      More importantly, has Congress delegated their authority over this specific issue to the FCC?

      I'm not sure it's more important. As I mentioned elsewhere, SCOTUS has established clear precedent that the duration of a wrong act does not in turn make it legitimate. So it could be that way for 100 years, and still wrong, and able to be overturned.

    43. Re:Authority by sjames · · Score: 1

      By taking this action, the FCC is preventing the state governments from restricting my ability to communicate with the world. That restriction is in the form of picking a winner in the market and so making internet service more expensive and/or preventing me from joining with other local people to build out a network and connect it across the state line.

      The FCC is in no way stopping or preventing me from interstate commerce through this intervention.

    44. Re: Authority by david_thornley · · Score: 1

      The "Necessary and Proper" doesn't mean Congress can do anything. It means Congress can legally pass laws that support its duties. For example, since interstate commerce is a Congressional responsibility, it can pass laws on interstate commerce, and laws that enable agencies to carry out those laws.

      The Federalist Papers were propaganda written by three people on their own initiative. They have no legal standing, and they do not represent any opinions other than the three people behind Publius. The Framers were not a hive mind, but rather a group of rather intelligent and opinionated men.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    45. Re: Authority by diamondmagic · · Score: 1

      Congress doesn't have power over "interstate commerce", they have the power to regulate it, i.e. the opposite of stopping it. It's a fine but important distinction.

      And so it follows if Congress can't lawfully legislate an ISP, neither can the FCC.

      Even if Congress could, it's doubtful the FCC is the proper way to do it.

      And are you trying to tell me the very people who *wrote* the Constitution aren't allowed to explain what it meant? Good grief. Fwiw, the Anti-federalists were ALSO worried about expansion of powers as is being described.

    46. Re: Authority by david_thornley · · Score: 1

      I am saying that the Federalist papers have no official standing, were written by three people out of those working on the Constitution, and were written specifically to get people to want to adopt the Constitution.

      Also, what do you mean by "regulate"? And why wouldn't the FCC be the right way of regulating the internet? There's mention, IIRC, of departments in the Federal government, indicating that the executive branch can have subordinate entities dedicated to enforcing the law. The FCC has no power not given to it by Congress, but they have a good deal of leeway in executing their commission.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  5. Yay! by Black+Parrot · · Score: 4, Funny

    Up with service! Down with monopolies! Up with net neutrality! Down with regulation! Up with Pluto! Down with Kim Dotcom!

    Wait a minute - Today's stories leave me feeling edgy and confused.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:Yay! by Gazzonyx · · Score: 1

      Up with service! Down with monopolies! Up with net neutrality! Down with regulation! Up with Pluto! Down with Kim Dotcom!

      Wait a minute - Today's stories leave me feeling edgy and confused.

      Things tend to equal out; read Slashdot again on Monday to set things right.

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  6. Great News by SuperKendall · · Score: 4, Interesting

    I'm still dubious about the end effect of net neutrality regulations being passed (remember that none of us have seen the actual regulations to take effect, and none will until they are finalized).

    That said, the real road to true Net Neutrality is and always will be in allowing real competition for your ISP provider, and that's the kind of thing that this allows for. If a community cannot be well served by a "real" networking company it makes no sense to block them from taking matters into their own hands.

    So I applaud this action, I just wish they would be open in other regards rather than limiting.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Great News by Gazzonyx · · Score: 1

      I, for one, am concerned over the constant use of the words "legal content" without defining what is and what isn't "legal content" and under what jurisdictions that falls. My pet theory is that bullying and "hate speech" will become unlawful and then blocked, and you know how the government is when it has a new hammer; everything starts to look like our thumbs.

      --

      If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

    2. Re:Great News by Anonymous Coward · · Score: 0

      I'd imagine legal content is defined as content that is legal in the jurisdiction relevent to the subject.

    3. Re:Great News by david_thornley · · Score: 1

      Hate speech is legal in the US, unless it's directly inciting violence. You can say that Xs are subhuman, violent, undesirable, and should be killed. Saying "Kill the X!", meaning a specific person available for attack, and intending to cause such an attack, is inciting violence. (There are possible legal consequences to hate speech; along with many other things, it may be considered for sentencing for things that are crimes for other reasons.)

      If the Feds try censoring hate speech on the Internet, somebody's going to mount a court challenge and prove it's legal.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  7. Re: Systemd, for or against? by jd · · Score: 4, Funny

    As far as I know, Systemd has no capacity to think and therefore has no opinion on net neutrality.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  8. Re: 0pointer's 30 myths about systemd by jd · · Score: 4, Insightful

    Myth: Anyone gives a damn about factually dubious rants.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  9. Net Neutral Pluto by turkeydance · · Score: 0

    /. kind of runs together sometimes.

    1. Re:Net Neutral Pluto by Anonymous Coward · · Score: 0

      Stop it.

  10. Follow the money by Anonymous Coward · · Score: 1

    Why is the FCC suddenly being competent? Does anyone stand to gain from this financially? Is it about doing lots of happy things to the 'net to sway the public sufficiently in favour of regulation that it can then start doing things like making rules about, say... encryption keys?

    Or is this one of those weird stopped-clock-right-twice-a-day things that'll be broken down when suddenly Verizon starts sponsoring all Republican candidates only at the next round of elections?

    (Anyway, until FCC spends more resources dealing with equipment and people who piss on the ham radio spectrum, any respect I have for them will be limited.)

    1. Re:Follow the money by Luckyo · · Score: 2

      Google et al likely figured out that instead of public lobbying, they have to do private lobbying. I.e. less publicity, more favours exchanging hands with important figures in government bureaucracy.

    2. Re:Follow the money by cptdondo · · Score: 1

      Wheeler changed his stance quite recently.

      I expect someone from Google, etc. had a little back room meeting and "explained the world" with the equivalent of a short metal pipe.

    3. Re:Follow the money by Anonymous Coward · · Score: 0

      Government run internet service is probably a lot easier to tap for the NSA.

    4. Re: Follow the money by kenh · · Score: 1

      Wheeler changed his position just as fast as Chief Justice Roberts did...

      --
      Ken
  11. Re:Oh joy. by Anonymous Coward · · Score: 4, Insightful

    Speaking of roads and public schools...

    The biggest wastes of money when it comes to roads and public schools is the enrichment of private entities who have found a way to get themselves access to the public purse.

    Same with the corrections industry.

  12. Wow, can the FCC visit Canada please? by Anonymous Coward · · Score: 0

    They seem to be on a righteous warpath, of which I fully approve.

    1. Re:Wow, can the FCC visit Canada please? by Anonymous Coward · · Score: 0

      Don't vote Conservatives on the next elections and your wish may come true.

  13. Re:Oh joy. by Anonymous Coward · · Score: 0

    Yes, the @bigbrother.texas email address is so much better.

    You are a complete moron.

  14. Even bigger.... by Dega704 · · Score: 3, Insightful

    The net neutrality vote gets a lot more attention, but this is even more important IMHO. Net neutrality wouldn't even need to be enforced by the FCC if there were sufficient competiton.

  15. Re:Oh joy. by Luckyo · · Score: 5, Insightful

    Not really. I'm from a socialist country, and on of the key aspects to our prosperity and competitiveness is enabling private entities to get to compete for and win profitable infrastructure contracts.

    This is because private contractors bring significant amount of expertise and capability that government would have to build from ground up without them, as well as force costs down through competition. Problems only arise when said private contractors become big and powerful enough to corrupt those making decisions behind these projects to favour them in various ways.

    It's another one of those "capitalism works really well as long as it is properly managed and doesn't get big enough to corrupt powerful entities" moments.

  16. Why only those two states? by Karmashock · · Score: 1

    They have these duopolies everywhere. They have it in New York city and Los Angeles and Miami and Seattle.

    I'm reserving judgment until they break the monopolies that are CITY and county imposed as well. They're not any better.

    A monopoly is a monopoly. I don't care who imposed it.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:Why only those two states? by modmans2ndcoming · · Score: 1

      They are the states that had laws on the books?

    2. Re:Why only those two states? by Karmashock · · Score: 1

      Coast 2 Coast.

      here - Everywhere - there.

      Call me when NYC and LA etc are forced to allow competition. Until that happens... this whole thing is bullshit.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    3. Re: Why only those two states? by Anonymous Coward · · Score: 0

      Ok, so what was your phone number in 1992? Or should I wait till 1993?

      Also, does anybody have a TARDIS that I can borrow? Or a Delorean with a Flux Capacitor? Or a Cosmic Treadmill?

    4. Re: Why only those two states? by Karmashock · · Score: 0

      No. If I want to lay cable... I will be stopped... Here is a quick little education for you, sport:

      http://arstechnica.com/busines...

      There are lots of articles on the subject. The ISP monopolies tend to get exclusive agreements in cities in exchange for giving free internet to schools or some other bullshit. And in return for that, the entire fucking city becomes at best a duopoly. That is why the duopologies reign. Because you are literally legally forbidden to compete with them.

      And to clarify... I mean running my own fucking cable not sharing their broken down over priced under funded infrastructure.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    5. Re: Why only those two states? by Anonymous Coward · · Score: 0

      Yes, you personally are probably not qualified to lay cable, and I doubt you have insurance to cover you. The issue is not about having zero conditions on your actions when it comes to the public rights of way, but about exclusive franchise agreements. But your link is about over builders. Perhaps you should find one that explicitly points out that the franchise agreements cannot be exclusive. Those are illegal.

      This was done over twenty years ago. You asked to be called when it happened. So give me your phone number for that time period and the next time I'm in the nineties, I'll give you a call about it. I even have some change from the seventies and eighties so I won't have to call collect.

    6. Re: Why only those two states? by Karmashock · · Score: 1

      ... So does Qwest Communications that has laid a good portion of the backbone in the entire country not have the qualifications?

      It isn't about ME personally... they do this to EVERYONE that isn't a member of the monopoly. FUCKING QWEST COMMUNICATIONS and GOOGLE amongst many others are by your fucktard logic deemed to not have the qualifications and insurance?

      Listen, shit for brains. They literally forbid anyone to run cable that is NOT a member of the monopoly. And that is not because of safety or insurance but because the local officials that issue permits are bribed. Coast to fucking coast.

      End of argument. Fucking AC dipshits.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    7. Re: Why only those two states? by Anonymous Coward · · Score: 0

      You keep insisting that there are exclusive franchise agreements. There aren't, those are illegal. Or at least no longer enforceable. Been that way since 1992 or so.

      Whatever excuses companies are giving you for not setting up a network, if they are claiming there is a legal agreement granting an exclusive franchise to another company preventing them from doing it, they are simply wrong. That was how things were done, but no longer.

      Sorry, but Congress voided those over two decades ago. You'll have to blame something else. Meanwhile, it seems you won't help me contact you when it happened. Sorry, but I just can't expect to find you on my own back then.

    8. Re: Why only those two states? by Karmashock · · Score: 1

      That's not the case sport.

      Some letters from comcast were circulated on this very site that were sent to city councils. And they said "if you allow competition, they'll first concentrate on high value areas, those high value areas will cut into our bottom line, and because of that we won't be able to offer subsidized access to poor people. We would ask that you require any ISP that wishes to offer service to the city to agree to offer service to the ENTIRE city or no part of the city at all."

      And that's just one example.

      Now what is that called? You might be making the error that these are franchise agreements. They might not be. They might just be disallowing a given company from laying last mile cable. And if they do that for EVERYONE but the duopoly then what does it matter what you call it?

      People get tripped up too easily by legal technicalities saying one thing or another isn't happening not realizing that those are just words we assign to behavior and you shift something just little bit askew... and call the same thing something else.

      Both Centurylink and Google Fiber are on record complaining about the behavior you are specifically saying doesn't happen anymore.

      Given that the duopolies hold sway pretty much everywhere... I'm calling bullshit on your argument and asking you explain why a duoploy exists in the first place without resorting to specious claims that it isn't profitable which is FUCKING RETARDED... or admitting that it is a matter of regulation, taxation, licenses, etc.

      It is the latter. Anyone that's looked into it knows what it is and what it is not. A fiber roll out is not that expensive just taking into consideration the cost of the FIBER, the cost of the routers/switches, and the cost of the labor to install it. All that shit is cheap. And you can't tell me that you can't have multiple companies all running wire down the same street. In rural areas or even suburban areas there is plenty of room on the poll. And in urban areas you have underground conduits pretty much without exception and those have shit tons of room as well. And if you need more room... the per line license fee that every city charges for running cable should more then pay for upgrades to the infrastructure to handle as many providers as could possibly make sense.

      You've unwittingly bought into a line of bullshit that the duopoly spreads about how they couldn't provide service if anyone competed with them. That's not true in any other industry and it isn't true in ISP either. Its bullshit. It makes as much sense as having ONE oil company or ONE sandwich shop or ONE maker of shoes. Its dumb. If a city can sustain dozens of large cab companies that all compete over the same territory then you can have multiple ISPs. Yes... you're running cables under the ground or slinging them on poles. It doesn't matter. That just requires that the city take its thumb out of its ass for five minutes to set up a rational system to manage it. That so few can or are even inclined to do so is an entirely different issue and I shouldn't have shitty internet because my city is run by fucktards.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    9. Re: Why only those two states? by Anonymous Coward · · Score: 0

      You're confusing Comcast and other company's lobbying (honest or not, whatever it may be) with an exclusive franchise agreement.

      The two are not the same. What you said was "The ISP monopolies tend to get exclusive agreements..." and that's no longer true. They don't. they can't. You're complaining about something that was rendered illegal in 1992.

      That's what I've been talking about. So whatever excuses they are giving you for not setting up a network, that's not one you should buy. It isn't one.

      Now if you want to argue that FURTHER mechanisms need to be in place to implement the result you think will be fair, go ahead. Explain what you want done. Let us know.

      Just stop gnashing your teeth over something that is no longer true.

    10. Re: Why only those two states? by Karmashock · · Score: 1

      Your argument now is that google and centurylink are lying and that the only reason we have duopolies is because of innate business and logistical concerns.

      That is idiotic. And I'm frankly not interested in rhetorically punching your argument in the face until the greasy blob that was your credibility either submits or dies.

      So... Good day to you... you get to believe what ever you like. I really don't care.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    11. Re: Why only those two states? by Anonymous Coward · · Score: 0

      My argument is, and always has been, that you are mistaken about there being a problem with exclusive franchise agreements. There isn't. They've been illegal since 1992. Congress passed a law, said no more of that.

      So if you want to find something to blame for the current state of affairs, you'll have to look elsewhere. Why you're so resistant to the idea, I don't know. Maybe you just want to harp on something you think must be the problem, and your pride is keeping you from admitting the mistake. But really, it wouldn't be that hard, if it were allowed, it would be a problem, that's why they were forbidden over 20 years ago. But have things sufficiently changed? Apparently not enough. Perhaps then, the problem needs a different solution.

    12. Re: Why only those two states? by Karmashock · · Score: 0

      Being myopic is not a rebuttal.

      I didn't say they used the legal construct you're talking about and suggesting that that is the only way they could do it is either naive or just stupid.

      The big ISPs don't care how a competitor is locked out of a market so long as they are. And both Google and Centurylink amongst others have said they are being locked out of communities using various means.

      We're done. You're an idiot. Good day, sir.

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  17. Something is horribly wrong.... by Lumpy · · Score: 2

    The government is acting with sense and doing so in a honest way that fair to citizens.

    This is not right, so I firmly believe that the world is coming to an end.

    --
    Do not look at laser with remaining good eye.
  18. A different take on this by Mr.CRC · · Score: 1

    Here's Karl Denninger's take on this. I don't agree or disagree. I just want to see what the reaction is: http://market-ticker.org/akcs-...

    1. Re:A different take on this by Anonymous Coward · · Score: 1

      He seems to be misunderstanding the requirements of a service like Netflix (or any other CDN, really). Sure they have high bandwidth requirements (and those are somewhat artificial due to the lack of support for multicast on the Internet), but they have no major latency requirements. If it took another second to load a video from Netflix, no one would care. This actually makes them a bit different from other CDNs because the web is somewhat latency sensitive, but transferring videos which can easily be buffered for a few seconds is not. Netflix wants servers close to their customers not for latency reasons but simply to avoid repeatedly sending the same data over the same long-distance links (which costs money and uses up network capacity). And for the amount of bandwidth Netflix uses, the short-distance links are fine, it's the long-distance links that are the problem.

      That said, his argument actually seems to be that an Internet with constant video streams (for Netflix or ads or chats) will necessarily use a lot more bandwidth than one mostly used for browsing the web, and therefore necessarily cost more to someone, and that net neutrality somehow will mean residential consumers paying more because it somehow protects the other companies from having to pay more. The economics of Internet access in other countries suggests that does not actually make any sense.

    2. Re:A different take on this by serviscope_minor · · Score: 2

      That's bullshit, because the ISPs sold "all you can use" plans, then failed to deliver. The only reason the so-called "cost shifting" went on is because the ISPs outright lied about what they were selling to consumers. To imply that Netflix allowing customers to use what they've paid for is somehow wrong is just plain wrong-headded.

      You're basically blaming Netflix for the ISPs mis-selling a service.

      --
      SJW n. One who posts facts.
    3. Re:A different take on this by Carewolf · · Score: 2

      That's bullshit, because the ISPs sold "all you can use" plans, then failed to deliver. The only reason the so-called "cost shifting" went on is because the ISPs outright lied about what they were selling to consumers. To imply that Netflix allowing customers to use what they've paid for is somehow wrong is just plain wrong-headded.

      You're basically blaming Netflix for the ISPs mis-selling a service.

      It is actually worse. The product they sell is the Internet and specifically all the content on the internet and netflix is a major provider of internet content. Their argument is blaming Netflix for giving them business... Think about that.

  19. Republicans are totally out to lunch on this issue by Applehu+Akbar · · Score: 2

    And I speak as a Republican. Unless there's some outrageous hidden agenda yet to emerge, net neutrality just means that Internet service over cable, because it is in many places a natural monopoly, is henceforth to be treated as a utility, like your electrical service. How you use the watt-hours you buy for your home is your own business, and we are all more free if the same applies to your Internet feed. Regulation of business is something we by instinct would rather not have, but if you live in an area where Comcast is the only game in town, treating it as a utility is more palatable than giving a single company full control of your access to the Internet.

    Whether to build municipal broadband is a decision that any locality should be allowed to make for itself. Because wired Internet service so often is a natural monopoly, there are all kinds of situations in which towns or villages or even small neighborhoods find themselves cut off from any service by a company that simply does not feel it worthwhile to extend service to that market. Value decisions like this should be the company's right, but has no business standing in the way of any group of users who wish to band together to organize service of their own.

  20. Incorrect Title? by wisnoskij · · Score: 1

    Disbarring the government from offering Internet service is not a state imposed monopoly. They are onyl baring one single entity from becoming an ISP.

    --
    Troll is not a replacement for I disagree.
  21. Re: Oh joy. by Anonymous Coward · · Score: 0

    It's another one of those "capitalism works really well as long as it is properly managed and doesn't get big enough to corrupt powerful entities" moments.

    IOW, exactly what I already said. Things are good unless they are bad. The story that they tell you that their expertise is better happens to be a good one. They're not dumb. Their sales pitch is plausible and appealing.

    When it is true. When they deliver. When they don't, oops, now we've got a problem. Especially when they've convinced the government to outsource its entire expertise.

    Yay.

    Corruption, it isn't a commodity in limited supply.

    It can be especially bad when people think it is all still the fault of the government.

  22. Of Two Minds on This by wisnoskij · · Score: 2

    While it would be great if the government offered Internet and gave many an option other than Comcast, I could see it going pretty Orwellian pretty quickly. The government offering its own service pretty much guarantees that they will subsidize the service more than they already subsidize ISPs. Making it impossible to compete. And the government would not have to pass any data retention laws if they already handled everyone's internet data. There is a point to not allowing the government to compete with businesses, and there are benefits to keeping the lawmakers and enforcers one degree of separation away from citizens.

    --
    Troll is not a replacement for I disagree.
    1. Re:Of Two Minds on This by jader3rd · · Score: 1

      I don't know what's Orwellian about it, but that's the general idea. A private company can only charge customers, a government can charge/tax everyone. So certain projects (ie ones that require infrastructure) may be to expensive for a private company to undertake if they get too few customers. But a group of citizens can get together and say "It would benefit the whole town if everyone/most had blah (water, electricity, sewage, postal service, internet, etc)". So once a certain majority agrees, a law is passed, and they can spread the cost out over everyone. So a well run government operation will be able to undercut a private business every time.

      The issue is how well run the government can do things. With no competition there's room for pork, waste, etc. That why it's important to still allow private companies to compete in certain areas, and for there to be citizen oversight over others. For example, if your water bill gets too high you start throwing out the current bureaucrats to bring it back under control. My Dad's actually involved in doing that right now in his city.

    2. Re:Of Two Minds on This by Anonymous Coward · · Score: 0

      "ith no competition there's room for pork, waste, etc."

      You're talking about private industry here, right? Because we've SEEN that this happens every time corporations manage to exclude competition,and will work to ensure that competition IS excluded as well (whilst being cheered on by people who hate governments by mere fact of existence).

    3. Re:Of Two Minds on This by swb · · Score: 1

      The most sensible government broadband propsals seem to only involve the government in the layer 1/2 aspect of the network and any layer 3+ services are simply using the municipal network as a transport layer and are actually provided by third parties. Even management of the layer 2 side could be outsourced to a third party on some kind of basis where they just make it work for some kind of fixed margin for a period of time.

      The metaphor that makes the most sense to me are municipal roads. The government is just tasked with building and maintaining the roads -- nobody expects the government to deliver pizzas or get you to the airport. A municpal network would just provide connectivity, it would be up to individuals to contract with an ISP or teleivision vendor to provide services over the network.

      I would expect that there would be some attempt to provide a minimal service over a municpal network in the same way that the government is involved in public transportation, like maybe you could get access to city web sites without buying ISP service, but it hardly seems like these would squeeze out private ISPs from selling service on a municipal network anymore than the city bus system has put the auto industry or the hired car services out of business.

    4. Re:Of Two Minds on This by david_thornley · · Score: 1

      What is this "the government"? There are thousands of governments in the US. This ruling was about allowing municipal governments to create a data service despite state law to the contrary. (If anything is interstate commerce, the Internet is.) Subsidizing the service is up to the city, and that will have to compete with all other city services, and if it becomes a political hot potato won't happen. Local governments have to be pretty responsive to the people.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  23. Re: Systemd, for or against? by dissy · · Score: 2, Funny

    As far as I know, Systemd has no capacity to think and therefore has no opinion on net neutrality.

    Three days ago the Systemd-UpdateAgainstYourWillD automatically installed SystemD-AiD, which is a requirement to even boot the kernel because it was deemed no human being ever has or ever could be capable of the overwhelming task of "run some programs", which of course includes programs written by humans.

    Two days ago there were promises SystemD-AiD would also gain enough intelligence to read corrupted syslogs, while insulting your petty human intelligence via way of SystemD-FortuneD, and injecting them into all outbound emails sent from your username via SystemD-SpammerD.
    It was also rumored to soon be capable of washing your dishes, since no init system wants to start dirty programs or use plastic fork()'s.

    Yesterday they canceled the dish washing patch based mainly on a usenet poll where "fuck systemd!!!" was interpreted by a similar AI as voting against the feature, thus canceling the patch due to overwhelming demand.

  24. Re:Oh joy. by ShaunC · · Score: 1

    I can't wait to be able to get an @bigbrother email address.

    What's holding you back? GMail stopped requiring an invite years ago!

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  25. Re:Oh joy. by modmans2ndcoming · · Score: 1

    Do you know why private companies seem to always do things right from an economic sense? because those that don't do things right die off. Government can just do things wrong for a lot longer....that does not mean government WILL or does anything wrong and it certainly does not mean private industry does anything correctly.

  26. And blocked in court in 3, 2, 1 . . . by SEE · · Score: 2, Interesting

    As a constitutional matter, municipalities do not have any independent existence; they are organs of the state governments. Municipal governments only have whatever powers states choose to give them, and the federal government may not commandeer a state government. So if a state chooses to deny its municipalities the authority to sell Internet access (or sell it below a certain price), then no declaration from the FCC can give the municipality that power, nor require the state to give a municipality that power.

    So, all this vote means is the FCC majority has decided to waste a bunch of taxpayer dollars losing a lawsuit.

    1. Re:And blocked in court in 3, 2, 1 . . . by Anonymous Coward · · Score: 0

      Yes, but the ISPs would have to make a big public fuss about it for years in the court system(s). The last time they won a lawsuit that way led directly to the place where we are right now.

    2. Re:And blocked in court in 3, 2, 1 . . . by arthurh3535 · · Score: 0

      As a constitutional matter, municipalities do not have any independent existence; they are organs of the state governments. Municipal governments only have whatever powers states choose to give them, and the federal government may not commandeer a state government. So if a state chooses to deny its municipalities the authority to sell Internet access (or sell it below a certain price), then no declaration from the FCC can give the municipality that power, nor require the state to give a municipality that power.

      So, all this vote means is the FCC majority has decided to waste a bunch of taxpayer dollars losing a lawsuit.

      Just like states are only part of the country? States were abusing their authority to disbar municipalities due to business buying their votes. A very monopolistic action. They should actually go all RICO on them and throw their boards of directors in jail.

      --
      No! It's a *SIG*. Keep the Special Interest Groups away! (Con joke!)
    3. Re:And blocked in court in 3, 2, 1 . . . by SEE · · Score: 2

      Just like states are only part of the country?

      No, not "just like" that at all. There are three basic classes of entity in US constitutional law - the Federal Government, the states, and individual people. States are not organs of the Federal Government, but legally separate entities with independent rights and powers. On the other hand, municipalities are mere organs of the state.

    4. Re:And blocked in court in 3, 2, 1 . . . by Snufu · · Score: 1

      Federal law supersedes state law. So if the FCC ruling gets blocked (big if), it will require only an executive action. Obama has stated his support for municipal broadband, and demonstrated his capacity for executive action (just like Bush before him.)

    5. Re:And blocked in court in 3, 2, 1 . . . by SEE · · Score: 1

      First, under the test used in both the majority and concurring opinions in Nixon v. Missouri Municipal League, the enacted legislation must have specifically named municipal entities in order to affect them; general wording (such as "any entity") doesn't work, and no executive action can change that.

      Second, Federal law supersedes state law precisely insofar as the Federal government is allowed to legislate in the area at all, and the majority opinion in Nixon v. Missouri Municipal League says Federal law can't make states allow their own municipalities to sell Internet.

  27. Re:I hope by Anonymous Coward · · Score: 0

    Hope you fkin a$$holes who voted for Obama are getting what you wanted.

    YOU GOT THAT RIGHT!

  28. Re:Republicans are totally out to lunch on this is by Anonymous Coward · · Score: 0

    Is that right? Do you have any actual evidence, or are you extrapolating what the FCC will do?

  29. Re:Systemd, for or against? by CaptainDork · · Score: 1

    So ... get the message?

    --
    It little behooves the best of us to comment on the rest of us.
  30. Re:Republicans are totally out to lunch on this is by the_bard17 · · Score: 2

    Got a reference to that statement anywhere? I haven't seen one.

  31. Re:Hilarious by Anonymous Coward · · Score: 0

    I'll assume that you don't claim any deductions on your taxes, otherwise you are being hypocritical (taking from government while decrying the idea of government assistance).

  32. Re:Hilarious by Anonymous Coward · · Score: 0

    Umm.. Deductions is geting pennies on the dollars in taxes I already paid. It is NOT govt. assistance. Furthermore thank you for also revealing that you don't believe I am entitled to the fruits of my labor and should be grateful for the privilege of keeping what is not taken from me.

    Thank you for demonstrating the GP point.

  33. I don't get it... by kenh · · Score: 1

    I can't quite reconcile this:

    On Thursday, before it voted in favor of "net neutrality," the Federal Communications Commission voted 3-2 to override state laws in Tennessee and North Carolina that have barred local governments and public utilities from offering broadband outside the areas where they have traditionally sold electricity.

    With this:

    "allowing communities to be the owners and stewards of their own broadband networks is a watershed moment that will serve as a check against the worst abuses of the cable monopoly for decades to come."

    How does allowing the neighboring municipality or neighboring utility somehow allow "communities to be the owners and stewards of their own broadband networks"?

    Think about it, don't react emotionally.

    If I live in a community that is served electricity by power company A, and power company B in the neighboring community offers internet access that I want, allowing power company B to sell Internet access in the territory served by Power company A isn't 'self-ownership'... If the county next to me offers Internet access and now they can offer Internet service in my county, does my county now control the Internet backbone in our county or does the neighboring community?

    Communities and public utilities can already offer service in thief own areas, this change would allow them to offer service in other communities, exchanging their old provider for another, neither owned or controlled by them.

    I guess you have to believe that it will be better when the big power utility companies displace the big cable companies...

    --
    Ken
    1. Re:I don't get it... by thaylin · · Score: 1

      Communities and public utilities can already offer service in thief own areas, this change would allow them to offer service in other communities, exchanging their old provider for another, neither owned or controlled by them.

      this is not true in these states. Wilson and Chattanooga got grandfathered in because they already built their network before the laws took effect.

      If I live in a community that is served electricity by power company A, and power company B in the neighboring community offers internet access that I want, allowing power company B to sell Internet access in the territory served by Power company A isn't 'self-ownership'... If the county next to me offers Internet access and now they can offer Internet service in my county, does my county now control the Internet backbone in our county or does the neighboring community?

      You are using a rather limited definition for the work community. I live in NC, near Wilson but outside of any area they will probably service, however I can give you a perfect example of how terribly limited your definition is. I live in an area with the City designation of Garner NC, however I dont live in Garner, because I live across the Wake (Garner's county)/Johnston country line. I can walk to the Wake county side and bike to the city limits, but I am still in that postal area. This is also a fairly large area that straddles the county line. It would be pretty hard to not call my area part of the garner community. We still get a lot of garner names in our businesses and services.

      --
      When you cant win, ad hominem.
  34. I support Net Neutrality by Anonymous Coward · · Score: 0

    I do not support the ruling party in the White House or their motivations?

    Hence: The devil's in the details.

    $2 will get you $10, we've been well and truly fucked.

  35. Re:0pointer's 30 myths about systemd by Anonymous Coward · · Score: 1

    3. Myth: systemd's fast boot-up is irrelevant for servers.That is just completely not true. Many administrators actually are keen on reduced downtimes during maintenance windows. In High Availability setups it's kinda nice if the failed machine comes back up really fast.

    Does systemd speed up BIOS POST? Does systemd speed up RAID array startup? Does systemd speed up IPMI startups? Does systemd speed up filesystem checks on boot? OS boot time for a RAID10 or RAID5/6 server is very low compared to a desktop with one drive. But OS boot time is a minor fraction of the time of a machine's reboot process.

  36. Re: Hilarious by kenh · · Score: 1

    How so, deductions are a part of the tax code, put there for a reason. It is the government saying you owe us X% of your income above a certain amount, but if you have a mortgage you don't owe taxes on the money you spent on interest, if you have children we know they can be very expensive, so keep some of that money you were going to pay in taxes to cover the expense of your children, etc.

    Deductions is the government telling you what money it is not entitled to, not 'taking money from the government'...

    --
    Ken
  37. Re: Republicans are totally out to lunch on this i by kenh · · Score: 1

    Because wired Internet service so often is a natural monopoly, there are all kinds of situations in which towns or villages or even small neighborhoods find themselves cut off from any service by a company that simply does not feel it worthwhile to extend service to that market.

    Really, because the "company simply does not feel it worthwhile to extend service to that market"?

    They decline to extend services to areas that they don't think will be profitable, see they are a profit-driven enterprise in most cases.

    Now, what we'll see is taxpayers absorb the losses extending services to areas that were otherwise unprofitable to service - that's a great step forward, I can just see your local taxpayer having no problem running fiber cable for miles down a rural road to offer high-speed internet service to the seven farms over 20 miles of county road...

    --
    Ken
  38. Re: I hope by kenh · · Score: 2

    A municipal Internet service, funded with tax-payer dollars, what could go wrong?

    Gee, there isn't any chance some activist groups would file suits forcing the government to filter out hate speech, pornography, extreme violence, gun sales, etc on their "tax-payer-funded Internet"? No, that would never happen...

    Oh wait, we already do that on taxpayer-funded Internet in our schools and libraries!

    --
    Ken
  39. Re: The truth about net nutrality by kenh · · Score: 1

    Probably the most intelligent, logical, and well-reasoned argument I've seen on Slashdot in years!

    --
    Ken
  40. Re:Oh joy. by DNS-and-BIND · · Score: 1

    Achieving socialism by the capitalist road never works, friend. Give it up, it will just come back ten times worse.

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  41. Re:Oh joy. by serviscope_minor · · Score: 1

    Ah yes, the old "europe doesn't exist" argument.

    --
    SJW n. One who posts facts.
  42. Re:Oh joy. by houghi · · Score: 1

    What I learned from school was the that capitalism was where you have several bakers in a city and if one has either better bread or better prices that one will flourish and the other one will have to either increase quality or price.

    I am not even going on to what would happen if there is only one bakery, because that is obvious.

    In school I also sold cigarettes. I was able to buy them cheaper, because I lived in a different country then from where I went to school. (One hour travel, so no worries). This is the basis we learn works.
    I had a cheaper product, so I was able to sell and make a profit.
    Asume a normal package would cost 5 in the country of my school, I bought for 4 and sold for 4,50. Thus making a profit of 0.50. All great till there (leaving out the part I was smuggling)

    There were some brands that were not available in the school country, but were in the home country. I still bought them for 4, but sold them for 5, as that was the 'normal' price. This because I had found a niche market. I jacked up the price to 6.

    Now people are paying MORE than standard and I made 2.00 insead of 0.50 for the same investment. Still nothing special, but that amount of profit will atract others. A friend of mine (we rode the train each day to and from country A to country B) started buying the 'high brand' cigarettes and seling them for 5.50 instead of my 6.00.

    I could have easily gone into a bidding war for the customer and going as low as 4.01 and still make a pofit, but what I did was something else.

    I went to those people buying from him and told them :"You want to smoke brand X, BEACAUSE they are special and everybody knows you pay extra. You smoke them to stand out and show you are willing to pay more. So paying less would counter that image. So if you want to keep your image of somebody who ays 6 for the cigarates, you can't buy them at 5.50. I am willing to sell them at 6 to you.

    Long story short, I bough over his cigarets (at 4, he was still my friend)
    and kept selling at 6.

    That moment I learned the power of marketing. And sure, you would not have bought them. The majority of people did not buy them. They bought the ones for 4.50.

    Capitalism works if people were smart. Persons are smart, people are stupid and that is why it doesn't work, unless you put a LOT of efford in it. With teh cigarettes, I was not legally allowed to sell them at those prices (or at all).

    However what you need to keep all this in check is an overseeer who has the interest of the public in mind and that of the public as aa whole, not just those who voted for them (or who gave them money)

    --
    Don't fight for your country, if your country does not fight for you.
  43. Re: Republicans are totally out to lunch on this i by Applehu+Akbar · · Score: 1

    So long as localities get to vote on this sort of situation, I see a much smaller problem than if the cable companies are able to lobby a state legislature into getting government to give them a lock on the entire state. That is the situation the FCC just ruled against.

  44. Re:Oh joy. by thaylin · · Score: 1

    Wilson made a profit last year....

    --
    When you cant win, ad hominem.
  45. Agree by Anonymous Coward · · Score: 1

    I live in TN. And our internet sucks in counties that don't provide government sponsored (via community owned utility company that must pay its own way) internet services.

    Clarksville, where I know people, has great bandwidth and reliability from the electric utility run ISP. Comcast and AT&T do well in that market, just not well enough to drive out the utility ISP. It has kept prices down too. Chattanooga TN had the nations first Gig to the home ISP service available to all. While AT&T & Comcast (and others) COULD have done it, they are more interested in keeping profits up than serving customers. Not it seems that all ISPs in the area seem to come up to the level of the local utility company. ... In Clarksville the utility ISP does provide phone and TV service if desired, but that is where the others shine (better contracts with content providers). For basic ISP even at high rates, local utilities CAN be a great alternative.

    In my county, AT&T and the cable companies don't serve the entire county, but they have ensured (using appropriate gratuities to local officials I am sure, just no hard evidence), that the local utility that wanted to install an ISP was not allowed to do so.

    I cannot get any landline or wireless 'broadband service'. AT&T and Comcast and Charter all provide it within 3 miles. Charter wants $14,000 at one time, $24,000 at another just to install the cable service. Even when we had land lines, nice Currier 56K modems could not contact anyone anywhere at more than 20kbit rates due to had copper that AT&T installed but would not maintain. So we use cell phone now. But I do get commercial electricity here, and they read the meters via data over the power lines remotely (once a minute).

    It is just politics keeping me from having proper ISP service, and I am not the only one by any means.

  46. Blame shifting? by Anonymous Coward · · Score: 0

    I suspect the more usual cause is pressure from local independent ILECS, mom and pop ISPs and WISPs, and smaller regional ISPs than the big national carriers. Typically "community" or municipal broadband tends be contracted out to the big boys anyway. The clowns won't usually spec and purchase equipment, hire engineers and IT staff themselves. Completely beyond their competence, usually. So the question is merely who is paying the bill, the users, or the taxpayers in general. And we all know what hatppens when somebody gets a bug up their ass about this or that Internet activity. Something-must-be-done!(tm) and a new ordinance is born.

    When are you tools gonna stop sitting around the campfire singing Kum-bye-yah, marching on Ferguson or Wall St., and wake the hell up? If the FCC was going to do something about state sanctioned telecom monopolies it would have unbundled local loops. Do you people really think Comcast, Verizon, etc, really lost anything in the Net Neutrality vote?

    Give me a break.

  47. Re:Hilarious by Anonymous Coward · · Score: 0

    Socialism is based around the idea of giving a heck about your fellow man. Sadly it tends to not work so well in practice. Working towards a common good is, ultimately not something people do on large scales. They work towards their own good, and the hell with everyone else. Oh sure there are exceptions, but exceptions aren't enough to make a system of government work. Capitalism works for more, but still leaves a lot of people in the dirt, and worse, conspires to leave as many people in the dirt as possible. After all, the ideal business is one that makes a profit without paying anyone, other than maybe some robots, a few engineers, and the janitor, and his job won't last long. Government is supposed to be the people's voice. It is supposed to be the voice that organises and distributes scarce resources so that the good of the many is seen to. More and more it doesn't do that, because the good of the few, particularly in the short term, can be enhanced by extracting more blood from the many. The few of course are best at working the levers of power, and if need be manipulating the many into shooting themselves in the foot, over and over again. Of course, sometimes, the many get their way, which is sometimes good, but sometimes they go too far and shoot themselves in the foot with their own bullets (Unions have done that in the past). Real issues are complex and if you have heard them resolved down to a sound byte there is a better than even chance that it is a lie meant to serve someone other than you.

    People always want a quick solution. There isn't one save education and vigilance although I'd still argue that picking our representatives at random would be better than the status quo... At any rate, require people to have more education, including and especially history and the humanities and that they maintain that education. Further require them to participate in the democratic process and take away this nonsense that you can lose your right to vote for any reason. A right is not something you can ever surrender or yield to government. The very idea is ridiculous.

    Either way, to say Government is the problem as if by killing it you shall fix all the worlds ills, is to admit to being an idiot of the highest order. Don't believe me, go visit places without government. I hear somalia is a fun place to be.

    No government is not the problem. The problem, like it or not is the people who elected these people to government. We got _exactly_ what we deserved, like it or not. If you want to fix government, you first must educate the people, encourage them to take an active part in democracy, and to examine all issues rationally. This does not mean being spoon fed by Faux News. Seriously, anyone who tells you they are honest and balanced and all that jazz on an hourly basis should be run from on general principle.

  48. Yep, that's the hook by SuperKendall · · Score: 1

    I, for one, am concerned over the constant use of the words "legal content"

    Exactly, none of us are going to be happy when we find out what that means - because it implies a whole set of other actions for anything deemed "illegal content".

    Well except for me; I plan to laugh and laugh when the other thousand shoes drop and the internet lets forth a vast and pitiful wailing. So that will offset the sadness substantially. If I can't be free at least I can be proven right.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  49. Government, here to help by Anonymous Coward · · Score: 0

    I would have thought people would be more critical on /. about this. They're *Prasing* net neutrality? Have any of you even looked at what they can do/should do? No, of course not. This is /. after all.

    Well lots of people wished for it. Now they have it. Good luck to us all (as they take out the strait jacket).

  50. FCC CREATES Internet monopolies by Brett+Glass · · Score: 2

    Actually, the FCC's action will have exactly the opposite effect. I own and operate a small, competitive ISP, and am quite willing to (and capable of) going up against any competitor on a level playing field. But I simply wouldn't enter any market where the city was providing service. Why? Because the city would engage in all of the following anticompetitive and predatory practices:

    * The city would completely control my access to rights of way and pole attachments, and would be motivated to keep me from getting that access or make it expensive;

    * I would be taxed and the taxes would be used to subsidize my competitor;

    * The city would engage in horizontal monopoly leverage from its other monopoly businesses (trash, water, sewer, and in many places energy) and would enjoy cross-subsidies from them; for example, it wouldn't have to build a new billing system but could use its existing one;

    * The city could also use its ability to tax, and bonding authority, to obtain capital for the buildout at bargain rates;

    * The city, with its deep pockets and by expending some of that capital, could engage in predatory pricing, offering its service below cost due to taxpayer subsidies. It could do this at the outset, to take customers away, or possibly permanently;

    * The city, because it provided those other services, would GET PAID more easily than I would because users wouldn't want their water, etc. cut off if they didn't pay the bill;

    * The city would know when both owner-occupied and rental real estate was turning over (because of changes in the party being billed) and so could always sell to people as they moved into a new home before they would have a chance to consider my service;

    * The city ISP would get the lucrative business of the city itself (eliminating one of the largest potential customers), as well as that of other government entities such as the county government and state government offices; and

    * The city, under the FCC's new Title II regime, could demand franchise fees from me that it would not have to pay itself.

    So, if you put yourself in the shoes of a hard working local ISP (which I am), or of a customer who wants choice, this no longer seems like such a good idea. Any ISP entering the market would have to fight an uphill battle against City Hall. So, new ISPs will not enter the market and existing broadband providers will have a strong incentive to pull out, leaving a monopoly. What is needed is FAIR, PRIVATE competition, not the unfair competition that turning unaccountable city bureaucrats loose would bring.

    1. Re:FCC CREATES Internet monopolies by HongPong · · Score: 1

      In your hypothetical, you really think that the city could use the muni network contract without a bidding process? That's not usually how it works but maybe you're in a more corrupt section of the USA.

    2. Re:FCC CREATES Internet monopolies by Brett+Glass · · Score: 1

      There is no "muni network contract." The municipalities that petitioned the FCC want to get into the ISP business -- even outside their borders! They simply want to take over the business of broadband in and around their cities, without "bidding" on anything.

    3. Re:FCC CREATES Internet monopolies by johncandale · · Score: 1

      whatever. ISP's at the local level are natural monopolies anyways. Like the water pipes that bring water or electrical wires

    4. Re:FCC CREATES Internet monopolies by Brett+Glass · · Score: 1

      The Internet, by design, is very different from the "natural monopolies" of water, sewer, etc. Because of the Internet's settlement-free peering regime (which the FCC also threatens to upend by starting to regulate peering), and because one can connect at any point and reach the others, there is no need for Internet infrastructure to be a monopoly. Our wireless ISP competes handily with cable, DSL, and all other forms of Internet service. Do you want to have a choice of providers, and be able to switch if you are not satisfied? Or do you want to be stuck with a monopoly -- one that (even worse) is run by unelected government bureaucrats and is therefore completely unaccountable to you?

    5. Re:FCC CREATES Internet monopolies by Anonymous Coward · · Score: 0

      And then you find out that Wireless ISP has a monopoly.

      A necessarily regulated one.

    6. Re:FCC CREATES Internet monopolies by Anonymous Coward · · Score: 0

      LOL

    7. Re:FCC CREATES Internet monopolies by david_thornley · · Score: 1

      Under what authority did you plan to get rights of way and pole attachments? Most ISPs that I'm familiar with don't control the last mile, which is a natural monopoly. If the city runs the last mile and allows citizens to connect up to any Internet access point, what's wrong with that?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:FCC CREATES Internet monopolies by Areyoukiddingme · · Score: 1

      * The city would completely control my access to rights of way and pole attachments, and would be motivated to keep me from getting that access or make it expensive;

      So, exactly the way it is right now, except right now they do it at the behest of lobbyists, rather than their own interest. No change, from your perspective.

      * The city would engage in horizontal monopoly leverage from its other monopoly businesses (trash, water, sewer, and in many places energy) and would enjoy cross-subsidies from them; for example, it wouldn't have to build a new billing system but could use its existing one;

      While true, just how much did setting up and running your billing system cost you? Not much I bet, especially compared to the labor required to install hardware.

      * The city could also use its ability to tax, and bonding authority, to obtain capital for the buildout at bargain rates;

      Yeah, that's a bummer.

      * The city, with its deep pockets and by expending some of that capital, could engage in predatory pricing, offering its service below cost due to taxpayer subsidies. It could do this at the outset, to take customers away, or possibly permanently;

      I'll stop with the point by point here, because many of these points can be rolled together.

      It very much depends on the model the city uses to "be an ISP." The Swedish model seems to work extraordinarily well. The city isn't really an ISP, in that case. They own (read, install and maintain) the wires/fiber that reaches individual subscribers, bring the other end into a building, and say "have at it" to people like you, who then offer the actual Internet service. You run the billing still, you run the routing and traffic shaping, and you arrange for and pay for the uplink to the Internet at large. You pay the city some fixed amount per subscriber, but set your own rates.

      That's the model any of us who are paying attention would like to see. It provides all the room in the world for competition, while solving the natural monopoly/conflict of interest problems in the last mile. It allows competitors to differentiate themselves as much as they like. The city provides a dumb pipe. The ISP provide services through that pipe. Don't want IP TV? Pick an ISP that doesn't provide it. Want IP telephony? Pick an IP that provides it. Want a really cheap, slow connection? Pick the ISP that pays for a tiny uplink to save money. Sure the last mile fiber will be radically underutilized, but Grandma Jones doesn't use Skype video, so she doesn't care as long as her Facebook games work. (Though I suspect the old Grandma Jones stereotype is fading fast. She wants to be able to see the grandbaby, and Skype and Facetime are making it easier and easier.)

      Will there be cities that provide the whole service? Probably so. In that case, yeah, you won't be competing. No one will. That leaves a monopoly provider, but in this case it's a monopoly provider that doesn't have a major profit motive, and does have to answer to votes quite regularly. They're not as unaccountable as you make out. In time, those votes may result in changes. It's quite possible that cities that initially build themselves out as the ISP will transition to the Swedish model, just to avoid the hassle.

      This ruling will allow cities to actually try. We'll see how it plays out.

  51. Re:Oh joy. by Fire_Wraith · · Score: 1

    Like many things, the theory is great, but the execution isn't necessarily so. I agree that the "needs to not be big enough to corrupt the entities that should be overseeing/counterbalancing" part, and would add that it also works best in areas where other competition exists. For instance, the government (or some level thereof) is the only "consumer" for private prison services. There's no outside expertise specific to this area, save to the extent that we create it by privatizing an inherently governmental function. On the other hand, things like construction are commonplace, because everyone uses it, and it makes no sense for the government not to rely on the same private companies that everyone else does when they want to put up a new building.

    To toss in a pair of anecdotes from my personal experience:

    When I was in the military, I saw what I'd consider a "good" example. Instead of having soldiers run the dining halls during basic training, rotating in a new group of wholly untrained people every 1-2 weeks, and taking that time away from training (at severe cost to the government, who was paying not only salary but food/housing/etc), they contracted it out to a food service company, that brought in regular workers at prevailing wages. This not only cost less than using trainees, but provided a lot more consistency in terms of service (which can be very important in terms of proper food handling).

    On the other hand, I later got to see what happened with contracting in the Intelligence community. Now, this was a while ago, but the situation still hasn't changed at all. Essentially, the government was/is paying more to bring in contract workers. The supposed advantage was that they were easier to hire/fire, but in practice this rarely seemed to come into play. What was worse was that the vast majority of these people were former government/military personnel, because pretty much the only place to get training/experience in that field is... ...working for the government. It basically amounts to creating increased competition for the same pool of workers, causing the cost for those workers to rise, which winds up costing the government far more. To some degree it's good for the workers, since they have more options for more money, but most of the extra money isn't going to them - it's going to the companies, some as wasted duplicative overhead, but mostly as profit.

  52. Chris Mitchell by HongPong · · Score: 1

    I would just like to add that Chris Mitchell who is quoted in this story has been working to protect local internet access and community ownership for many many years and a hat tip to him!

  53. Pole & Tube Access by Anonymous Coward · · Score: 0

    What we need is to break the pole & tube monopolies and make it much easier for most businesses who want to run a service to all homes to do so. Make it MUCH easier and cheaper to get Pole & tube access. Easier access to this vital part of infrastructure should help get some healthy competition for Internet (and other) services going. If a Pole/tube is "owned" by a specific company but is not on (or running through) their own land, that company should be required to do one of two things.

    1) Open access to the pole/tube to any business that is running services to all homes/businesses in the area.

    OR

    2) Pay the land owner rent for allowing their pole/tube in/through the owner’s property. Pricing of rent and terms of use to be negotiated with each land owner individually.

    Either that pole should be for the public good, or the Company should have to rent the space from the land owner. This will incentivize opening up access since the companies won't want to deal with each individual land owner (and what if the land owner and company cannot agree on terms...would the company want to take the chance of having to reroute everything around that property) End result is it should be easier for "smaller" ISP's (local companies, Google, etc...) to run cable, fiber, etc.. and Consumers/small businesses will benefit from greater competition and better service.

  54. Re:Oh joy. by diamondmagic · · Score: 1

    Capitalism works if people were smart. Persons are smart, people are stupid and that is why it doesn't work, unless you put a LOT of efford in it. With teh cigarettes, I was not legally allowed to sell them at those prices (or at all).

    Not so. The laws of economics are laws that govern any exchange, usually economists use it for transactions involving money, but they apply just as well to trade-offs that we make every day, "Should I go to the grocery store today or tomorrow?" And so on.

    The laws of supply and demand do not change regardless of how many people are in the market, if it's just yourself, if it's a huge monopoly, or if it's a perfect competition with a vary large number of nearly identical sellers; if we have perfect information or if everyone is as dumb as bricks.

    The outcomes in each condition will be different, to be sure (very different and sometimes outright bizarre, in the case of perfect information); but there is no statute that can improve on the basic laws of economics, any more than they could pass a law making a round earth flat.

  55. Re:Republicans are totally out to lunch on this is by diamondmagic · · Score: 1

    The Internet is actually becoming less monopolistic. Decades ago, there was usually only one provider you could go to. Today, the majority of households in the US have a selection of two or more Internet providers.

    Furthermore, this ruling wasn't about government-granted monopoly (which is wrong, and presumably still legal), this is about government-run Internet, which frequently turns into a monopoly as a municipality has the advantage of "free" taxpayer money.

    but has no business standing in the way of any group of users who wish to band together to organize service of their own.

    Who is standing in the way? Link? If you want to do this, well... go do it. Form an LLC, seek investment for shares of ownership, buy capital, sell Internet. Done.

  56. Re:Republicans are totally out to lunch on this is by Applehu+Akbar · · Score: 1

    Who's standing in the way? The issue is that in several states, cable companies, after invited state legislatures out for squab and cigars, have had laws passed with expressly forbid exactly the kind of competition you cite. They love being the only game in town.

  57. Re:Republicans are totally out to lunch on this is by diamondmagic · · Score: 2

    We don't know what's buried in their 300+ pages of rules, but have you read Title II? It gives the FCC an enormous amount of power, if the Internet falls under it (it doesn't).

  58. Re: One Word ...USPS rocks my world by __aanbvm4272 · · Score: 1

    I will never use a competitor to the Post Office unless I have to. They are BY FAR the cheaper (better) alternative to shipping

  59. Re:Republicans are totally out to lunch on this is by will_die · · Score: 1

    Except that is an idealistic definition and also coming from real world examples also wrong. If that was the definition was what was used most people would not have a problem.
    The problem with net neutraility as it comes from the FCC is that it could possibly outlaw the following items:
    My ISP setting up mail filters for SPAM. Most of the SPAM I currently get blocked would on the look of it be legal, using the definition of net neutrality most people are using the methods to determine it is trash would not be allowed.
    Can schools and businesses still block various web sites; since based on definition they are ISPs? From what is known from the FCC ruling that could be a problem unless the site is dealing with illegal operations.
    Or how about something like ISPs blocking common ports used for various attacks but not for other types of traffic? The ports are most likely legal ports and the traffic is probably legal, I presume ICMP is still legal, even if is not something someone should be doing out side of their own network?

  60. Re:Republicans are totally out to lunch on this is by david_thornley · · Score: 1

    When was this time of one provider? Decades ago, and by that I mean 1995 at the very latest, most people were on dial-up. We didn't get off it until later, and we're a technophile family. Dial-up had the advantage of hooking up to any provider, and back then a 56K modem was good enough for most purposes.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  61. Re: I hope by david_thornley · · Score: 1

    Around here, librarians have complained about the porn on the library computers, and have been told they can't legally do anything about it. School internet is different.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes