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Comments: 681 +-   Telco Sues City For Plan To Roll Out Own Broadband on Thursday October 29, @07:43AM

Posted by samzenpus on Thursday October 29, @07:43AM
from the forcing-the-hand dept.
networking
court
technology
Syngularity writes 'MaximumPC is featuring an article about one broadband provider's decision to sue the city of Monticello, Minnesota after residents passed a referendum to roll out their own fiber optic system. TDS Telecommunications had earlier denied the city's request for the company to provide fiber optic service. During the ensuing legal battle, which prevented the citizens from following through with their plans, TDS Telecommunications took the opportunity to roll out a fiber system.'
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  • That'll learn 'em. (Score:4, Insightful)

    by AltGrendel (175092) <<ag-slashdot> <at> <exit0.us>> on Thursday October 29, @07:45AM (#29908827) Homepage
    Next time the town should be more careful about granting exclusive contracts.
    • by bleh-of-the-huns (17740) on Thursday October 29, @08:13AM (#29909069)

      Easier said then done..

      Outside of large metro areas where we might be lucky if we have 2 options, most smaller areas are outright monopolies. I personally do not consider DSL broadband anymore, then again I have FIOS :) ....

      I believe that the municipalities should put in the backbone connecting all the housing and business infrastructures of an area with their choice of networking, then lease that to the telcos and ISPs, that way, anyone who wants entry into the market just has to provide the infrastructure up to the municipal peering locations.

      That would provide competition.. and easier entry for non incumbents...

    • Re: (Score:3, Insightful)

      Next time the town should be more careful about granting exclusive contracts.

      What was given by the government, can be taken away by the government.

      It is just sad they do not do so when the other side has so clearly violated the terms of the exclusive contract.

    • by SgtChaireBourne (457691) on Thursday October 29, @09:07AM (#29909737) Homepage

      Next time the town should be more careful about granting exclusive contracts.

      Exclusive deals usually go sour before the ink is dry. It's not a new problem and if it were easily solved, it would be solved by now. Here's the obligatory quote summing up the problem:

      "There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped or turned back, for their private benefit."
      --Robert A. Heinlein

      It's tenacity probably owes something to shortcomings in human nature and the inability of society to self-correct in those areas.

  • by commodore64_love (1445365) on Thursday October 29, @07:48AM (#29908851)

    Problem solved. Actually I bet just the threat alone would be enough to make TDS fall on its knees and obey the government.

      • by erroneus (253617) on Thursday October 29, @08:42AM (#29909421) Homepage

        I appreciate your fear and concern about government run communications networks, but there are constitutional and other laws in place to ensure that whatever the government does in terms of snooping or investigating is available to public scrutiny. One way the government uses to get around this is by asking non-government entities to do the spying for them.

        I think the concerns are the same regardless of who is running the show. But in this case, especially, it was the community at large who pushed for the creation of a fiber infrastructure. I think there would be less to fear from this particular government body than from the typical self-appointed/self-anointed government players we typically see day-to-day.

  • I think the best Facebook group ever is 1 Million Strong Against our SOCIALIST Fire Departments:

    For too long now, fire departments across the United States have been SOCIALIST organizations, resulting in TAXES on the American people.

    FACT: Most Americans never use the socialized services of the fire department. We have the best fire departments in the world in the US, but that doesn't mean that anyone (even non-US citizens) should be able to dial up and have fires put out, etc. There are private companies (Halliburtion, Etc.) who could step in tomorrow and take over every fire department in America and charge the consumer directly.

    This is AMERICA. NO FREE FIRE SAFETY.

    "When fascism comes to America, it will be wrapped in asbestos and carrying a fire hose."

    This is THE new political movement in America. The Birther movement and The Teabagger movement have FAILED. We are The Flamer movement, and we are succeeding at tearing down ALL forms Socialism - starting with our Fire Departments.

    Please tell everyone you know about this group.

    When it comes to ObamaFireCare, remember, we are: Taxed Enough Already For American Red Truck Socialism.

    "This is America. Pay to Spray." - Member Susan Weinberg

  • by dunezone (899268) on Thursday October 29, @08:05AM (#29908985) Journal
    I used to live in a Tri-City area outside of Chicago. The three towns were going to go in on a municipal internet system that would have provided TV, Phone, Internet, over fiber-optic.

    Comcast did a massive advertisement campaign against the system and how if it failed we would foot the bill. They also had techncians out for three weeks straight installing new lines across the town. When it came to vote in my city of the three city's it failed 6000 votes to like 7500 votes, the funny part is, if the 6000 people who voted yes bought into the system and the system lasted for 5 years it would have paid itself and would have become self-sustaining.
  • Ha! (Score:4, Informative)

    by Jaysyn (203771) <jaysyn+slashdot.gmail@com> on Thursday October 29, @08:08AM (#29909013) Homepage Journal

    My company actually did some of the design for this. Now I know why they wanted such a fast turn around time on it.

  • by figmagee (1183813) on Thursday October 29, @08:10AM (#29909037)
    has had a municipal fiber-to-the-premises system for the past two years. I doubt I would have been alive long enough to see FIOS rolled out, particularly since the outfit that Verizon dumped^H^H^H^H^H^H sold their landline infrastructure to, Fairpoint, has just filed bankruptcy. Comcast, the only other game in town, has been howling to the state regulators about the sheer UNFAIRNESS of a publically-owned body actually implementing something that they had no intention of providing (in their neverending quest at maximizing shareholder value). Most recently, certain parties (first two guesses don't count) have been agitating to have the city shut down Burlington Telecom over perceived financial malfeasance. After all, it's downright UN-AMERICAN to have such an important piece of infrastructure exist without money flowing into corporate coffers!
  • Privitization (Score:5, Insightful)

    by elrous0 (869638) * on Thursday October 29, @08:11AM (#29909047)
    Can you imagine what this country would look like if we had treated paved roads like we have treated much of the rest of our infrastructure (i.e. only allowing private companies to build and maintain them). Does anyone honestly think we would have an interstate system today (or even standardized road signs) if we had followed that model?
    • Re:Privitization (Score:4, Interesting)

      by NeutronCowboy (896098) on Thursday October 29, @11:49AM (#29912381)

      You don't have to imagine what the country would look like - there's actually a neat historical example in Germany for this. At the end of the 18th century, Germany was splintered into many local city states, and had approximately 1800 customs barriers. The impact on traffic and goods was so blatantly obvious to everyone that the states voluntarily abandoned their individual independence and formed toll coalitions.

      The people who argue for privatization of everything are merely ignorant of history. Most of their ideas have been tried already, and abandoned because of their catastrophic impact.

      • Re:Privitization (Score:4, Informative)

        by griffinme (930053) on Thursday October 29, @09:25AM (#29909983)

        I used to live near one of those in suburban Chicago. It was still called Plank Road. An excerpt from a local paper (http://www.ledgersentinel.com/article.asp?a=5946).

        "The roads were financed by private, state chartered corporations, in which stockholders expected to make a profit. Tolls, generally a penny a mile for a one-horse buggy or wagon and an additional half-cent for every other animal providing the power. Up in Wisconsin, driving from Milwaukee to Green Bay via the plank turnpike cost $3.78—a not inconsiderable sum when government land was selling for $1.25 per acre.

        Here in Kendall County, Oswego was the target for two plank road ventures. According to “A History of the County of DuPage Illinois” published in 1857: “The Naperville and Oswego plank road was laid through the central part of this town [Naperville]. The projectors of this road thought to facilitate the communication between Oswego, Naperville and Chicago...The road was completed from Chicago to Naperville, but no farther. The project was a failure; the stock was worthless, for people would travel by railroad. The material of which the road was constructed is now being torn up and converted to other uses.”"

  • by Simulant (528590) on Thursday October 29, @08:17AM (#29909119) Journal

    ... on what grounds TDS sued the town? This is not explained in the article.

  • by Rolgar (556636) on Thursday October 29, @08:19AM (#29909145)

    I'm as free market as anybody, but wiring is infrastructure, and I don't have a problem with infrastructure being provided by the government. Let the local government, through the power utility, run fiber optic to everyplace that receives power, unless a private company provides a 100MB connection to the house for less than $20. That 100MB line should have low enough latency to provide live TV and VOIP phone connections. If the private companies won't build a better product than can be provided publicly, they shouldn't expect protection from competition.

  • free market (Score:4, Interesting)

    by Tom (822) on Thursday October 29, @08:48AM (#29909489) Homepage Journal

    So, they're not friends of competition, are they?

    50-100 years ago we had this collective dream of free markets, capitalism, solving our problems.

    Then, corporations found out that the actual free market is bad for profit margins. Once they grew powerful enough, they started changing the game.

    Events like this should have the capitalists and free market supporters up in arms. But it doesn't. Why?

  • Greenlight (Score:4, Informative)

    by jDeepbeep (913892) on Thursday October 29, @08:59AM (#29909613)
    This is a very familiar story, that we have seen play out with Greenlight [greenlightnc.com] in Wilson NC.
    FTTP, up to 100 symmetric bandwidth, and the telecoms threw a freaking fit, and did their best to annihilate municipal broadband, and failed to stop it.
  • by kenp2002 (545495) on Thursday October 29, @08:59AM (#29909615) Homepage Journal

    The Constitution defines the FEDERAL GOVERNMENT. All other powers are reserved for the state. Nothing, even in looking at the founding father's writings imply that LOCAL GOVERNMENT cannot compete with private industry. The City of Monticello is not, despite the suprising ignorance shown here this topic, part of the Federal Government.

    The City is more then capable of telling you what colors you can paint your house, where you can and cannot plant trees, and so forth. The issue building permits and license everything from the number of dogs you can have to how often you can water your lawn. They also can restrict businesses from opening from granting licenses to zoning requirements.

    Cities and Counties and even States run and operate businesses as far back as the 13 colonies. We have Police Depts, Fire Depts, various inspectors (electrical (state), building (city), surveyors (county), assessors, DNR, etc... All of which can be hired in the capacity of a business in the form of permits and special services (Fire dept. will burn a building down for you, police can be hired for security for special events, etc.)

    The sheer ignorance and lack of understanding of what the Constitution of the United States actually does is astonishing. The fact that when I was in high school and we were required in social studies to actually read the federalist papers compared to the teachers now that, "that stuff is nothing but a bunch of lies" thank you teachers union in district 622 here in MN speaks on how much misinformation exists on the purpose.

    Of course I expect little from my home state now, we've elected a wrestler and now a bad comedian. Perhaps Louie Anderson can run against Frankin... Hell I'd be happy to have KKKKAAAAAHHHHHNNNNNN! KKKKKKKAAAAAHHHHHNNNNNN!!!! tossed out...

    For those that do understand the Constitution, kudos for keeping the arguments rooted in reality.

    • by steelfood (895457) on Thursday October 29, @10:08AM (#29910665)

      Don't knock the comedians. Most comedians are very intelligent people, and as knowledgable or more than the averaged informed person. They are so intelligent, in fact, that they long ago realized that the best way to put out controversial statements is through comedy, that the best way to combat ridiculousness is not by shouting it down, but through ridicule.

      You can't say certain things and get away with it, but comedians can in their routine. Why do you think the Daily Show and Colbert Report are so popular? They say the things that we're all thinking, but we can't say for fear of the repurcussions. You don't see people calling Jon Stewart or Steven Colbert unpatriotic when they constantly derided Bush and co. But any other public figure would've had hell to pay had they said the same thing, on or off the air.

      So don't go knocking comedians. They make people think while making them laugh.

    • by dkleinsc (563838) on Thursday October 29, @11:30AM (#29912017)

      Al Franken wasn't elected because of his comedy work exactly. Starting with Rush Limbaugh is a Big Fat Idiot he used his comedy celebrity to engage in political advocacy. You may disagree with his politics, but he does actually stand for something, and if you read his books and listen to his speeches he'll let you know exactly what he stands for.

      I mean, if we're going to have a "no celebrities in politics" rule, then obviously Ronald Reagan should never have been president, but often the same folks who vilify Senator Franken for being an ill-informed celebrity are the same folks who wanted to name an airport after Reagan.

  • by bryanp (160522) on Thursday October 29, @09:12AM (#29909799)

    My available options for broadband in my home?

    Comcast and TDS.

    And yes, I get better customer service from Comcast. Which should tell you something about TDS.

    • So you're against public roads then.

        • by mrsquid0 (1335303) on Thursday October 29, @08:10AM (#29909035) Homepage

          The problem with this is that gas taxes do not even come close to covering the costs of building and maintaining the road network. Public roads are heavily subsidized.

          • by commodore64_love (1445365) on Thursday October 29, @08:18AM (#29909123)

            False. The amount of money collected from gasoline/diesel taxes *far exceed* the amount spent on annual maintenance. Where does the excess go? I don't about your state, but in mine the gas taxes are used to subsizde the Light Rail trains. I've sat in the State House and seen the vote for myself - money taken from the road fund and used to build a new rail line from Tysons Corner to Towson.

            The senior minority leader had a fit, saying it was a misappropriation of funds, but of course he was unable to stop it.

              • by Delwin (599872) * on Thursday October 29, @09:36AM (#29910151)
                Raise gas taxes and people use less gas. It's a regressive tax and if you push it too hard you'll see a massive flight to higher millage cars or even non-petrol cars. Then what do you tax? Electricity? Now you're taxing people who may or may not use the roads.

                As a second point everyone benefits from good roads not just those who drive on them. Police and fire departments can respond better on good roads. Less congestion means better air quality. Better roads also bring in more business which means more jobs. The road infrastructure is tied into almost everything we do. Thus everyone helps pay for it. Your precept that only those who drive benefit from roads is both short sighted and incorrect.
        • by QuantumRiff (120817) on Thursday October 29, @08:15AM (#29909089)

          If you don't drive, then you don't pay the "use fee" collected at the pumps.

          Your kidding, right? Do you ride the bus? Buses run on Diesel (mostly.) which pays road tax. Do you purchase food at local stores? Guess how it got there.. You pay more as a driver, but everybody helps pay for it. But mostly, Look at water.

          You know, other easy to make comments aside, you have no idea how much we take water for granted in the US. The vast majority of Americans are given very clean drinking water, and their waste is treated, by the government. We take that for granted, but many illnesses that used to be very common are exceedingly rare in the US. People talk about bottled water, and how much it makes for the companies, but its usage pales in comparison to a single days output from a municipal system. If you want to see the errors in your very conservative logic, go read about south America, where several nations (bolivia comes to mind) have "sold" the exclusive rights to make drinking water to a private, profit driven company. Make sure you read about the riots, protests, cost increases, and even how some protesters were killed. Meanwhile, we take it for granted here.

          • Re: (Score:3, Insightful)

            That said, even getting food at your local store is indirectly using using the road (to get the food to you) which results indirectly in you paying the road tax which in my opinion is completely fair.
          • by sribe (304414) on Thursday October 29, @09:10AM (#29909771)

            Do you ride the bus? Buses run on Diesel (mostly.) which pays road tax.

            No they don't. Special pumps owned by the city, filled with gas on which the taxes are not paid, same for all other city vehicles.

        • by Anonymous Coward on Thursday October 29, @08:17AM (#29909113)

          what happnes when you dont drive - dont pay for the road and you have a heart attack does the ambalance have to drive cross country because YOU never contributed to a road in your life?

          Should someone come and take all the pavement and street lighting etc up at your your house?

        • by Old97 (1341297) on Thursday October 29, @08:19AM (#29909137)
          Right and if your are not a victim of crime then you shouldn't pay for the police, courts or jails. If the polluted water or air isn't passing through your sources then you shouldn't have to clean it up or pay to enforce environmental laws to make the guilty parties pay - assuming they are still in business, that you can find them and that they have the means to pay for the damage. If thugs go after some ethnic group that isn't yours you should not have to pay for their protection. If some indigent gets sick or insured you shouldn't have to pay for their care. Let them die if they don't have the money. Children too. If children are stupid enough to have poor or dysfunctional parents, screw em. Let them all suffer and die. Maybe they can get jobs in the child porn industry. Yeah. My birth and education were paid for by the citizens of my parents generation but now that I'm an adult I can just walk away from it all. Who needs government to force us to help people. We can rely on the charity of all the suckers who are willing to pay and if that doesn't work then too bad - unless it's me that needs the help.
        • by LWATCDR (28044) on Thursday October 29, @09:22AM (#29909929) Homepage Journal

          It is called a trade off. When the government spends money on infrastructure it isn't throwing it away. That money will provide jobs to people in the US those people will buy stuff and provide more jobs and all those people will pay taxes. Some of that stuff may be education for their children or themselves which will pay more benefits.
          Think about the rural electrification project from the 1930s. That paid huge benefits to the country in increased productivity and quality of life in rural America
          In the end things like roads, phone lines, and now data lines are used by everybody. The more people that have access the more benefit to everybody. I know that it is may be unpopular to say it but $300 spent on infrastructure will benefit the US a lot more than that same money spent on a game console made in china by a Japanese company.

    • by gclef (96311) on Thursday October 29, @07:51AM (#29908879)

      Except in this case the citizens *asked* the government to perform this service (hence the part about the referendum). This isn't the government "dabbling" in other services. This is a government doing exactly what it's citizens are asking it to.

    • by bigsexyjoe (581721) on Thursday October 29, @07:55AM (#29908895)
      Indeed Thomas Jefferson would roll over in his grave if he new we had public mail service. Oh wait... And of course our socialist fire department.
    • by Rockoon (1252108) on Thursday October 29, @07:57AM (#29908919)
      These people wanted fat pipes, but private enterprise wasn't going to give it to them. So like any free group of people willing to pay the costs necessary to get what they wanted, they started gathering the money necessary to do it themselves.

      This is capitalism at its finest.
        • by noundi (1044080) on Thursday October 29, @08:19AM (#29909139)

          That's fine. Their town; their decision.

          But rather than have government do the job, I think I would simply called Verizon on the phone and said, "We want FiOS and and have the 70% of the population willing to buy it." Corporations have the expertise and experience to do the job, which politicians lack, so let corporations handle it.

          Preventing the creation of a governmental company, no matter what line of business, is anti capitalistic. Sometimes something is of the collective interest of everybody, then, in general, there are no differences. When everbody agrees (more or less) is when you create a governmental postal system, fire dept., health care, roads, and in this case communication. There should always be private alternatives and they should never be banned, as that would be anti capitalistic as well. But adding the artificial constrain on a market which means prohibiting the formation of a governmental company does not foster sane capitalism. There should be fair grounds though, but that's easily arranged.

          • >>>Preventing the creation of a governmental company, no matter what line of business, is anti capitalistic

            Yeah I agree.

            So what's that have to do with my original statement, that I think a private corporation like Verizon FiOS would do a better job? This is no different than if the U.S. Army says "we need more tanks." They don't build the tanks themselves. They ring-up Lockheed or Northrop or some other corporation and have them build the tanks.

            Also: I don't agree with your premise that a gover

        • Re: (Score:3, Informative)

          Obviously you didn't read the article. They contacted the telecoms company, and they said that they were not willing to deploy fibre in that area for the foreseeable future. Then, once the referendum had passed, they turned up with teams of workers and started deploying fibre...
    • by MikePo (579147) on Thursday October 29, @08:00AM (#29908947)

      The Citizens of Monticello request several times to TDS Telecommunications that they upgrade the cities connection. They kept saying "Soon, we'll get to it" That is when the citizens, not the government, passed a referendum to install a city run fiber network.

      It was only after the city started installing that TDS Telecommunications sued the city and tied them up in a prolong court battle, which prevented them from continuing their install. During that time they started laying fiber of their own, by the time the city won the law suit TDS Telecommunications had completed their project and now offer 50mb to every household there for about 50$ a month.

      I guess this just shows if you want your ISP to upgrade your connection, pass a law to get the city to do it and force their hand.

    • by FranTaylor (164577) on Thursday October 29, @08:07AM (#29908995)

      Municipality can run water pipes, sewer pipes, and gas pipes.

      Please tell me why the Internet pipe is any different from these other pipes.

    • I have no idea what Jefferson would have thought of municipal fiber(though he might have said something pro or con about the establishment of the post office, and you could probably draw cogent analogies from that). However, there is a more general point that deserves clarification.

      Jefferson and his colleagues wrote the federal constitution, laying out the powers and operation of the federal government with other powers reserved to the people or the states. The constitution they wrote placed considerable
    • This doesn't relate to the article, but I can't not respond to the parent.

      You're complaining about the youth offenders system in Australia? On /. ? People complaining about short jail sentences, particularly for young offenders was why I had to stop reading the forums on Canadian news sites. Canada and Australia both have extremely low crime rates because the criminal justice system has reasonable sentences, especially for young people. I'm tired of the "lock them up and throw away the key" mentality; it focuses on vengeance rather than prevention.

      The role of the criminal justice system is to make streets a safer place, not to make you feel better after crimes have been committed. If you make it impossible for offenders to find jobs or otherwise become part of society again you limit their options and increase the likelihood of a re-offense. Certainly a strong punishment is necessary for the enforcement of laws but longer sentences are not the solution to crime; they're a simple campaign line for politicians because everyone loves to hear it. The only important factor is making sure that the fewest possible crimes occur.

      I plan to move to Australia later this year. Don't fuck it up before I get there. (It already seems to be the only developed country with worse internet service than Canada, which makes me sad, although the weather looks better.)

    • by mcgrew (92797) * on Thursday October 29, @09:34AM (#29910119) Journal

      TFA sucks and sucks hard. Ars Technica has a far better article [arstechnica.com]. The suit is over, it started two years ago and the telco lost.

QOTD: Money isn't everything, but at least it keeps the kids in touch.