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FCC's Claim That One ISP Counts As 'Competition' Faces Scrutiny In Court (arstechnica.com)

Jon Brodkin reports via Ars Technica: A Federal Communications Commission decision to eliminate price caps imposed on some business broadband providers should be struck down, advocacy groups told federal judges last week. The FCC failed to justify its claim that a market can be competitive even when there is only one Internet provider, the groups said. Led by Chairman Ajit Pai, the FCC's Republican majority voted in April of this year to eliminate price caps in a county if 50 percent of potential customers "are within a half mile of a location served by a competitive provider." That means business customers with just one choice are often considered to be located in a competitive market and thus no longer benefit from price controls. The decision affects Business Data Services (BDS), a dedicated, point-to-point broadband link that is delivered over copper-based TDM networks by incumbent phone companies like AT&T, Verizon, and CenturyLink.

But the FCC's claim that "potential competition" can rein in prices even in the absence of competition doesn't stand up to legal scrutiny, critics of the order say. "In 2016, after more than 10 years of examining the highly concentrated Business Data Services market, the FCC was poised to rein in anti-competitive pricing in the BDS market to provide enterprise customers, government agencies, schools, libraries, and hospitals with much-needed relief from monopoly rates," Phillip Berenbroick, senior policy counsel at consumer advocacy group Public Knowledge said. But after Republicans gained the FCC majority in 2017, "the commission illegally reversed course without proper notice and further deregulated the BDS market, leaving consumers at risk of paying up to $20 billion a year in excess charges from monopolistic pricing," Berenbroick said.

18 of 200 comments (clear)

  1. Fuck Ajit Pai by OverlordQ · · Score: 4, Insightful

    He's just looking out for a job back at Verizon when he's done.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Fuck Ajit Pai by GrumpySteen · · Score: 5, Insightful

      Considering there are price caps in place where there isn't enough competition and Trump's FCC is the one trying to declare a single provider monopoly to be a competitive market so that they can remove those price caps, this sounds like you're grasping at straws to blame the Obama administration rather than Trump's.

    2. Re:Fuck Ajit Pai by Anonymous Coward · · Score: 1, Insightful

      He is. The Trumpites have started to realize that they elected an idiot and are trying to deflect blame so it doesn't impact their self esteem.

      Get used to it useful idiots, you were duped by the used car salesman in chief. Stop telling us how great your used car with a leaky roof and knocking engine is, we don't care if its got leather seats.

    3. Re:Fuck Ajit Pai by TheGratefulNet · · Score: 5, Insightful

      I'll go better than that: fuck the current republicans. fuck them so bad they all get voted out of office next time.

      if america needed an education about what the R's stand for, they sure got one this time around. anything that helps consumers, the R's are blatantly against. (can you cite anything that contradicts this?)

      I realize that slash has been invaded by the R fans (even though as a tech forum, most of us are clearly NOT R-based in our thinking) but before you mod me down, I'd like you to cite an example of where a modern R has stood up for the regular guy and not for the ultra rich and powerful.

      I'm hoping that this tire fire called 'trump admin' really ruins a lot of people; especially those in red states. they need a harsh awakening and a wake-up call. they have been misled and have been guided into voting against their own best interests.

      I wonder if people really will realize this. I hear lots of talk, but when the next election comes, I have a feeling that the reds will forget all this harm that was done to our country and will follow their 'religion' and continue to fund those that work against the common man.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Fuck Ajit Pai by dywolf · · Score: 3, Insightful

      it wont because republicans believe the government is dysfunctional and broken by default.
      when they elect these ass hats who then proceed to break it, they simply reinforce their preexisting ideology (while totally ignoring that they ar the ones that broke it!).
      meanwhile they simultaneously believe that no matter what happens, they themselves will be ok ("my perimeter is secure", "i can take care of myself", "government doesn't benefit me") whilst ignoring everything government actually does for them.

      the republican party is now completely and totally based on delusion and ignorance of reality.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
  2. We suck for allowing this by oic0 · · Score: 1, Insightful

    Super obvious this guy is basically a plant / spy. We know it. He knows we know it. No one is doing a thing about it other than going wahhh wahh wahh. Me included. Russia should take note. They could plant some politicians and probably give deaths of the US to Russia and propose we pay taxes to Russia. We would sit here and bellyache but do nothing.

  3. Republican Corruption, what a surprise? by DMJC · · Score: 5, Insightful

    Is anyone really surprised by this now? This has been the way of things in America for ages. Democrats aren't even good politicians, just centrist normals. Republicans are so far to the right it's hilariously stupid. America needs a third party and has needed one for years. At least a moderate right party if not a further left party.

    1. Re:Republican Corruption, what a surprise? by JohnFen · · Score: 4, Insightful

      At this point, I'd be happy if we got even a single party that was effective, cared about the nation, wasn't bought off, and wasn't batshit crazy.

    2. Re:Republican Corruption, what a surprise? by spun · · Score: 5, Insightful

      Except that's not something you get, it's something you make. Effective, sane, and powerful organizations that fight for the rights of the little guy don't just happen by accident. People have to work really hard to create something like that, and most people are just too lazy, unless their very lives are on the line.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    3. Re:Republican Corruption, what a surprise? by spun · · Score: 3, Insightful

      And meanwhile, other people, with far more money and political power, are actively trying to kill off whatever you are trying to build. Then, if you succeed, you will have to actively police your organization forever, to stop the sociopaths from taking over, because all they see is another lever of power.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:Republican Corruption, what a surprise? by Anonymous Coward · · Score: 2, Insightful

      Trump is the 3rd party.

      that's why everyone is throwing such an epic hissyfit.

    5. Re:Republican Corruption, what a surprise? by bobbied · · Score: 2, Insightful

      I totally disagree. Trump is as republican as I am a woman. I can call myself one, even dress like one and in some places even use the women's room, but nothing can biologically make me one.

      Trump ran as a republican only because he would have never won the democratic primary and a third party is a non-starter in our system. He only self identifies as a republican for political convenience, but he's actually very much a democrat on the majority of the issues democrats find important. However, He doesn't care about either side's sacred cows, so they both hate him, while many voters love him for the very same reason.

      The original poster is right, Trump is hated by both sides of the establishment. He's hated by the republicans because he won without their help or approval and isn't beholden to their handlers (those who give them money and keep them in power). He's hated by the democrats simply because he won over the heir apparent. But Trump is Trump....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    6. Re:Republican Corruption, what a surprise? by JohnFen · · Score: 4, Insightful

      He only self identifies as a republican for political convenience, but he's actually very much a democrat

      Trump is no Republican, I agree, but he isn't anything like a Democrat either. Trump only cares about Trump.

      He's hated by the republicans because he won without their help or approval and isn't beholden to their handlers (those who give them money and keep them in power). He's hated by the democrats simply because he won over the heir apparent.

      I don't think any of this is accurate. Trump is hated by Republicans and Democrats for pretty much the same fundamental reason (although Reps and Dems might disagree on the details): he's a threat to the nation.

    7. Re:Republican Corruption, what a surprise? by spun · · Score: 4, Insightful

      Let's actually list the things Trump and Republicans agree on:
      1. Tighter immigration control
      2. Less regulation on corporations
      3. Lower taxes for the wealthy
      4. Screw the environment (in case 2 didn't make that clear enough)
      5. Screw the LGBT community
      6. Pander to religious fundamentalists
      7. More military spending
      8. Screw minorities
      9. Keep as many people from voting as possible
      10. Repeal Obamacare and make sure poor people can't get healthcare

      As far as I can tell, that is the entirety of the Republican party platform. How is he not a Republican? What are the actual differences? I'm curious. Because the Republican party is bending over pretty far to ingratiate themselves with Trump, even when he insults them to their faces, and meanwhile Trump is trying to do everything they ask him to do. They are one and the same.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    8. Re:Republican Corruption, what a surprise? by Anonymous Coward · · Score: 2, Insightful

      I will agree that both sides of the establishment don't like him because he's not part of them, and doesn't want to be part of them. He's an outsider to both and they have no power over him and are doing what they can to obstruct him..

      Nope. He's an insider, just a crass and bumbling one. He's gone to the right parties, he went to the right schools, his children went to those schools as well, and they turn their noses up and let him stick around.

      You're confusing Trump's inability to do anything with other people obstructing him. But that's Trump's fault, due to his personal incompetence.

      That is why you hear him called a "loose cannon" because he IS, by their definition.

      No, it's pretty much the definition of anybody who actually served in the military, unlike Mr. Heel Spurs, who didn't.

      Ok, ok, so the actual days of cannon in limbers are way behind, still, some of us know what it's like to fire artillery and the importance of securing them.

      He's got no control, he's not no discipline, he's really that wild and crazy.

      Some people thought it was just an act, a subterfuge, but it was real.

      They have no control of what this guy does.

      No, it's just a matter of not being able to grab the president by the scruff of his neck and spank him, no matter how much he deserves it.

      Now the debate about if he's good or bad for the nation will not be answered here by you and I, not at this point. We are in the midst of the political battle that will be hard fought for the next three to eight years. All sides are throwing all they got, flame throwers, hand grenades and mortar shells into the fray and where you may think your side is winning, nobody really knows how this will end up. Let's wait for the history to be written and we have the benefit of hindsight.

      Why? You aren't. You're already fetishizing him, and determining that you will worship him in all his glory for all time to come.

      You're just scared, because in your heart, you know you're wrong, that no matter how much you pretend otherwise, he'll always be a loose cannon, not because he isn't beholden to the powers that hold sway, but because he simply can't help himself.

      He doesn't piss himself because he means to show how much he doesn't care, it's because he really can't figure out how to control his bladder.

      But go ahead, praise the vintage. Savor the flavor.

  4. Drain the swamp by PopeRatzo · · Score: 4, Insightful

    Led by Chairman Ajit Pai, the FCC's Republican majority voted in April of this year to eliminate price caps in a county if 50 percent of potential customers "are within a half mile of a location served by a competitive provider."

    Oh that seems fair. Not "served by a competitive provider" but rather, "within a half mile of a location served by a competitive provider".

    Which party is doing this shit again?

    Led by Chairman Ajit Pai, the FCC's Republican majority voted in April

    Oh, right.

    But after Republicans gained the FCC majority in 2017, "the commission illegally reversed course without proper notice and further deregulated the BDS market, leaving consumers at risk of paying up to $20 billion a year in excess charges from monopolistic pricing," Berenbroick said.

    Now who's the fucking moron?

    --
    You are welcome on my lawn.
  5. Guns Vs. Armies by Anonymous Coward · · Score: 3, Insightful

    One of rather many flaws in modern American conservatist thought is the idea that because someone has a freedom that they are using to crush someone else, that this is OK, because in theory the other person could spend their life building up the same resources to crush the other guy.

    It's the same logic as with gun freedoms - even the most abject set of mass murders with guns is seen as socially acceptable in aggrigate, because in theory, a 'good' person could have popped up and shot the mass murderers with a gun also - therefore, it's no problem. Even with words mouthed towards mental illness, decade over decade, these same politicians reduce funding for those same mental health issues, AND promote legislation to make it easier for those same mentally ill people to get guns.

    Same here - they mouth words at how bad monopolies are, but put forth legislation and appoint people that makes it easier to form monopolies, and use them to ruin lives on a continuous basis.

    And no, you can't fight against this with individual action - monopolies when they form tend to by definition lock up a crucial resources that prevents you from fighting against them on an individual level. And modern 'conservative' ideology is for the same arbitration systems that prevent you from using the court to fix it, along with countless laws to shelter resources from any victory you could achieve.

    1. Re:Guns Vs. Armies by dave420 · · Score: 3, Insightful

      There's one problem with the "guns protect against tyranny" thing - the armed forces. If they're against the populace, then there's no amount of guns in private hands which can beat them. If they're on the side of the populace, there's no need for the guns, as the armed forces have theirs. Ask soldiers who've returned from Iraq and Afghanistan which they feared more - locals with guns, or locals with explosives.