Cable Equal Access Case Goes to Supreme Court 351
DCTooTall writes "The FCC has ruled that Cable High-Speed Internet is an Information Service, and therefore not subject to the same equal access regulations that govern DSL. Brand-X Networks sued the FCC for equal access to the Cable Networks and won. The FCC appealed the decision and next Tuesday the case goes to the Supreme Court. The Telco's have repeatedly used the current FCC stance on Cable Broadband in their fight to get the same monopoly on DSL. This case has the potential to not only open the Cable networks to competition, but also prevent the Telco's from further attempts on limiting DSL options."
That'll learn 'em. (Score:5, Funny)
Re:That'll learn 'em. (Score:5, Informative)
I realize you were joking, but, just in case nobody knows, here's how DSL works in a nut shell.
Your typical POTS line (Plain Old Telephone System) is just an analog connection to the phone company (yes, this is a generalization). The human voice and ear can only cover certain ranges of frequencies, so there's really no point in attempting to do voice communication beyond a frequency limit. But the higher frequencies can still go across the line just fine. As such, a DSL modem just modulates the data to correspond to frequencies higher than anything that you can say or hear and puts it on the same line as your voice traffic. To further ensure that there's no overlap between your voice traffic and the data modulations, you put a low pass filter on all your analog phone lines to make sure that they can't interfere with the data portion. At the phone company, they just strip the frequencies back into two separate systems and demodulate the data to get the 1s and 0s back.
Yes, actually, I do work at a company that makes this stuff. Why do you ask?
Re:That'll learn 'em. (Score:5, Funny)
Well, time for like my 3rd comment on Slashdot ever...
Liar! That was your 6th [slashdot.org] comment on Slashdot! I demand the mod strip of you of all karma! You will be taken outside the city walls at dawn where you shall be buried up to your shoulders when you will then be stoned until dead!
Or maybe not.
Re:That'll learn 'em. (Score:2)
Havent moved "up" to the AS/400?
Competition (Score:5, Insightful)
Re:Competition (Score:5, Funny)
Re:Competition (Score:2)
Re:Competition (Score:5, Insightful)
That's only if you use the correct definition. What the word has apparently come to mean is that the goverment regulating businesses in any way (even forcing the very un-communism quality of competition) is communism. That is a modern trick. Take a word with negative connotations, assign it to something you don't like even if not appropriate, then watch as everyone begins to associate the word and the thing.
Re:Competition (Score:2)
Re:Competition (Score:2)
Commie bastards (Score:2)
I was in the video store once, and a couple of guys were talking in the checkout line about movies. One asked the other if he had seen Fahrenheit 9/11, and the other said: "No way, I wouldn't see anything by that commie."
I wonder what he thought "commie" meant anyway. I would have loved to hear him explain it.
Re:Competition (Score:2)
There is no reason why you couldn't have a society with a democratic government and a
Re:Competition (Score:2)
Re:Competition (Score:2)
Re:Competition (Score:3, Insightful)
Re:Competition (Score:2)
I was about to argue with you on that, but I actually agree with you. The gov't should only get involved when they need to punish the company.
That's funny (Score:2)
Re:Competition (Score:2)
I agree with you in theory. But, remember that cable companies have been treated like public utility companies (gas, electric, phone, etc.) since the invention of cable TV. While I agree that there should be some competition, there are limits on how you can provide cable (and or "real" utility) competition.
For example, the electric company has put all of the infrastructure into place for your house to be on the electri
Re:Competition (Score:2)
Re:Competition (Score:2)
monopoly status regulated by a local (eg. county)
government, as opposed to the telcos falling under
Federal and (generally lenient) state regulatory
commissions.
The cable companies have additional incentive to
"build-out" their infrastructure for widespread
broadband access -- failure to meet (local)
government access requirements might lose them
their local monopoly. On the other hand, the
telcos "talk the talk" when it comes to widespread
broadband access (like F
Re:Competition (Score:2)
I mean, seriously, would you spend billions of dollars laying fibre if you're just building it for your competitors?
Re:Competition (Score:2)
I wasn't trying to point out a 'problem', but rather ask a question. (Sadly, I forgot to put a question mark on the end of that sentence.)
"It's just like with cake: You cut the cake, I choose what piece I want. Keeps us both honest."
Sadly, I'm not a huge fan of this metaphor. The major problem with it is that the guy wanting to invest all the money into deploying a huge service is going to want a
Re:Competition (Score:2, Insightful)
And I want a pony. Tough.
"He's going to be the one willing to spend billions to make it all happen to everybody and quickly."
Or, a municipality could float a bond and do it themselves, IFF the voters want to do it.
The big M word is an evil word when it's not strictly limited, both in scope and in time. I would agree that, used carefully, it can be a useful concept
Re:Competition (Score:4, Informative)
They prohibit another cable company from laying cable. So no one can compete, even if they wanted to lay their own cable.
Re:Competition (Score:2)
Part of me says that is a GoodThing, but not for the same reasons as the cable company. I do not want Company B, C, D, & Z coming through once a year and digging up my yard to lay their own totally redundant wire.
Of course competition is better, but there are limits.
Re:Competition (Score:2)
What these "alternative" companies want is a free ride on the hard work and expense of others. They will bering nothing to the table and will actually deteriorate service.
And what did these established cable companies do to deserve the free ride? They didn't lay the wires. You and I paid for them. Municipalities for the large part own these systems. They give
Re:Competition (Score:2)
I note that you are using the past tense. The cost of the infrastructure (in this case "wires") is NOT a one time cost. You have to maintain the wires. The infrastructure is highly complex and, therefore, expensive to maintain.
Before someone calls me a lover of cable TV companies or Telcos note that I do agree with the idea of competition.
Re:Competition (Score:2)
Sec. 851-104. Franchise required.
No person or entity shall operate a cable system within the city for which a franchise is required under Title VI of the Act without having first obtained a franchise granted subject to this chapter.
(G.O. 125, 1996, 1)
Sec. 851-105. Franchises not exclusive.
The granting of a cable franchise shall not grant the operator any rights to exclude any other fr
government involvement? (Score:3, Interesting)
Re:government involvement? (Score:5, Informative)
Re:government involvement? (Score:2, Insightful)
Re:government involvement? (Score:2)
If cable companies paid to put in their infrastructure, why should they be required to share it? Or, worded differently, did the govt. help pay to put in their system?
I think the point is being missed here. The cable companies provide the internet pipe. But they also insist on providing your IP number, an email account, lame little web space, and other crap at a price they dictate.
Cable companies hang their wires on poles which are located on public land. In some areas, even the poles themselves are own
Re:government involvement? (Score:2)
I have a pole line on my property right now. Note that the right-of-way is granted not only to power lines; it is granted to public highways, sewerage lines and various other items that are deemed necessary for the public welfare. If the government did not grant the right of way over your old property, then cost of the infrastructure would have increased dramatically.
Can you imagine the cost of paying every private property owner in the country for t
Re:government involvement? (Score:4, Insightful)
(1)Electricity is pretty much the same, there's not a way to sell Enchanced Electricity(TM).
(2)The cost of every company that wanted to provide electricity building power lines would be ridiculous, there is no way that an new comer could displace an incumbent.
(3)Due to the fixed cost nature of a network infrastructure, the guy with the most customers has the highest margins. The problem then is that even vastly inefficient incumbents will continue to be the only players in the market. Forcing companies to allow competitors to their distribution infrastructure allows competition and lower costs.
However, setting the rent the competitor pays to the distribution network's owner is hard. What is this access really worth? In most questions of price "the market" determines the price, but in this case there is no market, since your customer is your competitor and therefore you would charge prices sufficient to drive your competitor/customer out of business. Therefore gov't has to set these prices and gov't sucks at this. People in general suck at setting prices, but without "the market" its what you have to do.
Re:government involvement? (Score:2)
Re:government involvement? (Score:2)
In Plain English? (Score:2, Interesting)
Re:In Plain English? (Score:2)
Re:In Plain English? (Score:5, Informative)
Now, Cable companies (who sometimes own the wires and sometimes don't, in my are the county officially owns the wires and we still only have one cable company) are not required to open up their cable lines to competing companies.
Re:In Plain English? (Score:3, Informative)
With DSL services the situation is different. Internel service providers have the right to get access to the telco's network to provide their own service over DSL in competition with the telco that owns the wires.
The telcos would like to get the same monopoly status that cable operators have. Internet se
Re:In Plain English? (Score:4, Insightful)
Telcos upgrade to fibre to the home to compete with cable (Verizon is doing this).
Cable operators drop price/increase bandwidth to compete with Telcos.
Telcos offer Video services.
Cable offers better deals to compete.
Cable offers phone service to compete with Telcos.
Telcos offer better deals to compete.
At this point in technology the two are evolving into natural competitors on multiple fronts.
If the cable corps have to open the lines, it can mean more competition on that front. Either way so long as the status quo is not maintained consumers come out ahead.
Re:In Plain English? (Score:2)
For example, Congress may say that no one can dump Substance A without a permit, and give the Environmental Protection Agency the authority to regulate the permitting process and enforcement of permits. The EPA would then draft regulations that set up the permitting system. These regulations are subject to public comment. Agencies ca
Re:In Plain English? (Score:2)
Re:In Plain English? (Score:2)
the real problem (Score:5, Interesting)
Re:the real problem (Score:5, Insightful)
There are two services in play, here.
The first is DSL or cable modem service, which are clearly telecommunications services. These are the actual DSL or cable modem signalling over the wire.
Then there's the Internet Access overtop of the DSL or cable modem service. This is correctly classified by the FCC as an information service. Their problem (and apparently yours as well) is that they/you don't realize that DSL and cable modem service isn't *inherently* Internet service. DSL has, quite successfully, been used for non-Internet services, and cable modems could easily be used in the same ways. The FCC's stance on DSL and cable modem service, however, has made most of these uses uneconomical. A more reasonable stance, that takes into consideration of the layered nature of networking technologies, would much more realistically align the regulatory environment with the real world...both technically, and wrt competitiveness. (Internet service is competitive, DSL transport service is notsomuch).
Jeff
Re:the real problem (Score:3, Informative)
Re:the real problem (Score:2)
Actually, REAL deregulation began under Reagan. I should also point out that Nixon (a Replublican) is the president that institued national Wage and Price controls in an effort to combat inflation. Talk about government regulation....
"Naked Cable" (Score:5, Interesting)
Re:"Naked Cable" (Score:5, Funny)
Re:"Naked Cable" (Score:2)
Re:"Naked Cable" (Score:2)
Competetion is good (Score:5, Interesting)
Re:Competetion is good (Score:2)
Re:Competetion is good (Score:2)
I chose DSL.
So you are saying that somehow, if DSL had competition, it would get faster? They are slower with Cable competition so I really don't see your point.
Re:Competetion is good (Score:2)
One possible bad outcome from this is ... (Score:2, Insightful)
from TFA (Score:2, Informative)
Re:from TFA (Score:2)
Techinal Problems (Score:5, Interesting)
Re:Techinal Problems (Score:4, Informative)
Not all ISPs have to supply DSLAMs to share DSL with telcos. I work for an ISP and we sell Verizon and SBC DSL. We are charged for lineshares by both companies. With Verizon we provide them with DLCI numbers and have static IPs for our customers. With SBC, their Redback routers look at the username and route to our system based on that.
Re:Techinal Problems (Score:4, Informative)
And as to DSL your incorrect again, everybody does not have to put in there own dslams to make it work. Many get an ATM feed from the incumbents DSLAM and that is the first shared bandwith and ATM can and does provide garentee's as to bandwith use per virtual circut. Often the incumbent changes as much for this service as they do for DSL as to avoid competition.
Am I missing the point here? (Score:3, Insightful)
Re:Am I missing the point here? (Score:2)
No. The phone companies own the wires. They are required, however, to allow other companies to "lease" their lines at cost.
The problem was that breaking up Ma Bell didn't solve anything because the baby bells were still monopolies in their areas. Then, the telcos started merging (SBC with Ameritech and some others) and now, you've got almost the same situation. You've got fo
Re:Am I missing the point here? (Score:2)
Here's my ranking of who I would like to get cable internet from if I had a choice.
1. Brighthouse (they do it right) 2. Comcast (they just leave you alone, but don't really know wht their doing) 3. Insight ( they don't know what their doing and make sure you know it)
Re:Am I missing the point here? (Score:2)
Has the cable company paid the government for the use of public property to run their cables? If not, the public space is being used with no compensation, and being forced to allow other companies to use the lines to service the public may be seen as fair returns to the public for the use of that space.
It seems under either of these conditions, requi
Interesting trade-off... (Score:5, Insightful)
But if, on the other hand, other companies are permitted to use the network, the cable companies may feel that expanding their network is not worth the cost, thus preventing people from ever getting high-speed internet.
Personally, I think it's a relatively hard decision to make. Allowing the monopoly screws over those people who already can get cable internet, but offers the greatest incentive to extend access to more people. Not allowing the monopoly gives cheaper prices to those with cable internet, but pretty much ensures that the networks won't get expanded, especially to more rural areas.
Perhaps a compromise of a limited-time monopoly would be best. Cable companies get a 5-year monopoly on new networks, and afterwards must open them up to competition.
Re:Interesting trade-off... (Score:4, Interesting)
The FCC is going to give them a monopoly so they can grow and increase the size of their network? When has that ever happened? In every case of a monopoly all that happens is that progress stagnates and prices go up.
Examples?
Intel: if it weren't for AMD we'd all still be using PII 500's and paying out the nose for them.
Microsoft: we have Apple and Linux to thank for MS even acknowledging that Windows might have flaws that need fixing.
Comcast is the monopoly where I live (Tallahassee, FL), and all that means is that they can afford to do rediculous things like charge an extra $15 for naked cable (more than just getting bare bones local channels + high speed), having crappy service, and inflated prices.
Where's their incentive to improve? I'd love to have other options.
Re:Interesting trade-off... (Score:2)
The incentive to EXPAND the network is what the Cable Co's get for the first five year moratorium
Re:Interesting trade-off... (Score:2)
Re:Interesting trade-off... (Score:2)
You assume the goal of a monopoly is to grow. A monopoly wants to reap maximum profit. If you look at the market totals, a monopoly has the highest average price, and the lowest volume.
Take microsoft for example. Are th
DSL was guaranteed in the Constitution (Score:4, Funny)
I don't know about you... (Score:3, Insightful)
Re:I don't know about you... (Score:2)
I hate subjects (Score:4, Interesting)
Is the cable company a common carrier? (Score:4, Interesting)
Cable did not start as a common carrier. It started with small providers grabbing signals off the air and stuffing them into the cable to sell to their subscribers. Since they weren't charging the TV stations to get their signals to the subscribers, they weren't acting as common carriers. They weren't charging people to get their signals somewhere.
Telegraph started out as common carrier in that if they sent messages for company X, they had to send messages for company Y.
Telephone is a common carrier because they were forced to be one. I think that will happen to the cable companies too. The minute they started dabbling in internet services and telephone, they opened the gate and they won't be able to shut it.
Another Option (Score:4, Interesting)
Or, it could allow the Court to redress what it may see as a fact no longer in existence. They could decide that equal access is unenforceable regardless, in which case the telcos would be allow to prevent competitors from using their equipment.
You can never tell in these cases because the SC can be thinking anything. But I do agree, it will have an impact.
I Don't Get It (Score:5, Interesting)
Isn't the problem local government? (Score:2)
Is this just another situation where the elected officials are not working in the best interest of their constituents?
jh
Sillyness (Score:5, Interesting)
EVERY cable company must have a contract with the local city/town to operate.
I worked at a public access TV station in a small town during this. They are usually 3-7 year contracts, the cable comittee is usually made up of people from the town/city.
Our managed to get MediaOne (at the time) to give free cable modems to all the schools, as well as free cable service, on top of what they were required to give the public access TV station. They also had to agree to offer high speed access across the entire town in 2 years or less.
It came VERY close to dumping them and going with Adelphia.. if that happened then everybody in the the town would switch to Adelphia and MediaOne (now Comcast) would have been OUT.
Also, you can get Earthlink service over cable via Comcast..
Re:Sillyness (Score:2)
You can't do that any more. Not since the 1996 Telecommunications Act. Municipal regulation of cable companies has been severely limited.
Re:Sillyness (Score:4, Interesting)
Re:Sillyness (Score:2)
I pay for cable you insensitive clod.
thus paying for your free access
Information vs. communication services (Score:4, Interesting)
The Internet's most popular service is e-mail.
What if the Postal Service was (privatized and) declared an information service? Would I no longer be able to send letters to some addresses because they belong to a different carrier service? Would I have to pay extra postage for cross-carrier service?
Re:Information vs. communication services (Score:2)
Get rid of ILEC & local Cable providers altoge (Score:4, Interesting)
Unlike the post office, telcos don't have to provide service to remote locations, so they don't. Residents of remote areas usually set up co-ops to run their local phone service. The strange thing is that they typically have much better service because of it even though their physical costs are higher.
Putting these two observations together, here's what I propose:
Force all ILECs to sell their local exchanges to the residents of that exchange who run them as co-ops. Allow the ILECs to change their business model to compete with long distance providers. Allow individual residents to choose from any long distance provider who's willing to hook up to their local exchange.
Do the same thing with cable providers. The local cable 'exchange' runs cables to the neighbourhood, and individual users get to choose, which cable content providers they get hooked up to with video, radio and ISP service being independently selectable.
This system allows for competition on content and services, while putting the part of the system that needs to be a monopoly in the hands of the people who are most interested in and affected by the actions of the monopoly.
There are lots of details left out here, but this should get the germ of the idea across.
Have I missed something? (Score:2, Interesting)
Bright House themselves doesn't have a 'house brand' (Road Runner is considered by some to be the house brand, but Bright House owns no stake in Road Runner a
The problem is... (Score:3, Insightful)
I love how many people glom onto this corporate bashing stance of forcing "competition" without any idea of the technical wherewithal involved in making it happen and the degredation of service in the near, mid, and long term.
I've worked for DSL CLECs which had resellers self-branding what they sold for another partner ISP which actually supplied the IPs and had a layer two frame or atm circuit to us and we had one then onward to a partner CLEC which held the facilities where we didn't have a build and from them over ILEC copper to the customer using a customer owned CPE.
Can you say clusterf*ck? I knew you'd try.
Occam's Razor applies here.
On top of this, are we going to legally require the cable companies to give away connections for free? No? Then we can add the charge they give to the competing ISP on to whatever the other ISP charges the customer.
It gets better kids. Think about this... How big are the cable providers' fiber nets? Many of them either own a load of their own or they combine their sizeable assets with others. We're not talking a couple DS3s on a dial-up ISP here, we're talking major OC fiber lines handling hugantic ginormous (thank you Bruce Almighty) amounts of data quite well every day.
I'm supposed to want someone other than my cable company for what reason? So I can say that my last mile is cable but the undersized backhaul is on an overutilized interface on an underpowered Cisco router administered by some nineteen year old cert whore? So that I can say I'm doing business with TWO different entities instead of one? So that I can say my ISP is a mom and pop (or t-shirt wearing crew of Linux geeks) unlike those big corporate cable people (in polo shirts)?
If you want something done right, you use the right tools and methods, and you do it with intent to succeed. You don't host a mission critical commercial web server on a DSL line, you have it hosted professionally on a good pipe. You host a personal vanity server on DSL.
Similarly, my broadband is too important to sacrifice to some so-called competitor's vanity. Even today in DSL we still see ISPs taken seriously whose idea of a NOC is two teens occasionally taking time out from their endless Half-Life game to run pings in five or six windows and don't even know what Matt's Traceroute is, never mind even know how to check the atm traffic on their own router. Such have been contributory to the disasterous collapse of some CLECs. I know, I used to work with such yahoos and was there when they helped down us.
Re:What? No first Post? (Score:2, Funny)
Re:Competition is good (Score:5, Interesting)
Re:Competition is good (Score:4, Interesting)
Sharing the lines is something most are in favor of but I am not going to get into that.
Right now Telecos are forced by regulation to share their lines that they laid down and maintain for a fee that is around cost. That gives no one a reason to upgrade the networks. And BTW they are working to upgrading to fibre not measley ADSL2+. Having full control of their own lines meand that they can make a profit sooner and have more incentive to do so. They need to compete with cable, afterall.
Cable, on the other hand, supplies internet as well and is under no compulsion to share in either the internet of TV market. This gives them great reason to expand as they have a captive market on their lines and with a few small upgrades can drive the phone companies out of the business.
Cable offers TV and internet and is looking at doing phone. Telcos do phone and internet and are looking at doing TV. Why should one be forced to open up their lines and not the other for the same service? As for competition, they are already competing with each other (or the Telcos are trying but the forced line issue is incentive to not try) so why not have a level playing field to expand the competition?
Re:Competition is good (Score:2, Interesting)
Re:Competition is good (Score:2)
This was a particularly humorous argument when SBC was arguing that a competitor should not be about to use their lines to offer intra-state long distance. Amusingly, the competitor in question was AT&T - you know, the company that *actually* laid those lines, long ago.
Re:Competition is good (Score:2)
Re:Competition is good (Score:5, Interesting)
DSL - static IP address, more upstream bandwidth, liberal use policy
Cable modem - more downstream bandwidth, and in a few cases about 2 hops closer to key backbones
Would I give up either? Not unless I can no longer afford to. They're both down up to 3 days a month, and thankfully those 3 days haven't overlapped yet. Plus, since I use a real linux router, and not some lameass linksys piece of shit, I can make use of both simultaneously. Not just failover, mind you, but round-robin connection marking through both. Can I download a single large file, making use of both? Not yet...
But supposing I scrape together enough talent to patch wget, I might be able to download a piece of the file over each, simultaneously.
So, let's just stop with the cable vs. dsl bullshit already, folks. Whichever you can get, or if both, whichever suits you, is best. It wasn't so long ago that we were all struggling along on 28.8k modems anyway.
Re:It's not about cable vs. DSL... (Score:2)
Not for some, apparently.
Besides, is it no longer a monopoly when the cable company still owns the HFC, but leases access out to a reseller? I fail to see how that's getting rid of a monopoly...
Re:Really? (Score:2)
Re:Cable (Score:2)
My econ professors would have claimed you're irrational to pay it and complain that it's way too much. You must be getting $108/mo of value out of it or you should do without. Better to just complain that you'd rather pay less, which makes perfect sense, and doesn't make you sound like a nut voluntarily paying too much for something you don't value that highly.
I haven't seen any better deals out there. Has anyone else?
You don't
Re:Cable (Score:2)
$10 for very basic service + $20 for digital level I
+ $30 for digital level II (level one adds things like CNN, Superstations, etc, level two adds stuff like disney, scifi, etc). Premimum channels are about $10-15 each after that. SO basic digital cable should be about $30-40 (including STB rental)
I think their internet service adds $30-$40 depending on speed. Sounds like he should be paying $20-30 LESS than he i
Re:VoIP (Score:2, Insightful)
Huh? Cable systems don't either, neither do landline phones.. They're in charge of communications, not just broadcasting.
As for limiting access.. is a double edged sword. If anyone can run a server and any computer zombie can do whatever it wants upstream it could drive the effective bandwidth way down for other users. OTOH, I agree that if you're paying for Internet you should get Internet, not some subset of the Inte