Interesting People mailing list archives
more on Summary for Congress of proposed NN Act Proposal
From: David Farber <dave () farber net>
Date: Thu, 22 Jun 2006 11:06:25 -0400
Begin forwarded message: From: Gerry Faulhaber <gerry-faulhaber () mchsi com> Date: June 22, 2006 10:51:24 AM EDT To: dave () farber netSubject: Re: [IP] more on Summary for Congress of proposed NN Act Proposal
Chris Savage is correct about municipalities holding up private infrastructure deployment, a point I made in my now-ancient paper "Broadband Deployment: Is Policy in the Way?" in Broadband: Should We Regulate High-Speed Internet Access?Washington, DC, 2003. My more nuanced point is the Feds have done about as much as they can without totally breaking down federalism.
Pole attachments is also a much more complex issue than I presented. Most things usually are. And yes, governments can do more to remove entry restrictions, but then every industry has entry issues: restaurants and bars have lots of entry restrictions due to zoning and licensing, and yet we do not seem to have a shortage of entry in this industry. Not clear the restrictions are greater in the BB industry.
Professor Gerald R. Faulhaber Business and Public Policy Dept. Wharton School, University of Pennsylvania Philadelphia, PA 19104 Professor of Law University of Pennsylvania Law School ----- Original Message ----- From: "David Farber" <dave () farber net> To: <ip () v2 listbox com> Sent: Thursday, June 22, 2006 10:11 AM Subject: [IP] more on Summary for Congress of proposed NN Act Proposal
Begin forwarded message: From: Chris Savage <chris.savage () crblaw com> Date: June 22, 2006 9:36:26 AM EDT To: dave () farber netSubject: RE: [IP] more on Summary for Congress of proposed NN Act Proposal-----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Wednesday, June 21, 2006 10:15 AM To: ip () v2 listbox com Subject: [IP] more on Summary for Congress of proposed NN Act Proposal Dave, Gerry has some legal "technical" errors below, perhaps worth clearing up: From: Gerry Faulhaber <gerry-faulhaber () mchsi com> Date: June 21, 2006 10:07:41 AM EDT To: dave () farber net Cc: faulhaber () wharton upenn edu Subject: Re: [IP] Summary for Congress of proposed NN Act Proposal <snip>I also wholeheartedly agree with Dana about making the marketcompetitive as the only true solution to this. However, he seems to think that Congress must act to "take away their monopoly right of way." In fact, Congress already did; the Telecom Act of 96 removed all local monopoly franchises, period. Even further back, there are FCC Pole Attachment rules requiring telephone companies to share their poles at specified rates. Everything is actually in place for competitors to enter.<< Gerry is correct that Congress took away literal monopoly franchises.It did so with cable in the '92 Cable Act and did so with telecom in the'96 Telecom Act. What Dana was talking about, I think, was slightly more subtle, which is barriers to entry created by local governments putting obstacles in the path of would-be facilities-based entrants. Section 253(c) (added by the '96 Act) says that states and localities retain the authority to "manage" the rights-of-way and to require compensation for its use, as long as they act in a "competitively neutral and non-discriminatory" way. But there has been a fair amount of litigation since '96 over whether states and localities have been sufficiently open about this. Dana B. is, I think, suggesting that if localities were forced to be more accommodating, we'd get more facilities-based competition.As to poles, the main supplier of poles is not the ILEC, it is normallythe power company. The new pole rules (Section 224, added by the '96 Act) do apply to power companies (and to telecom providers), but not those that are either cooperatively owned or municipally owned. That has created some friction, to say the least. Chris S.********************************************************************** ** This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error,please notify the sender by reply transmission and delete the message without copying or disclosing it.********************************************************************** **------------------------------------- You are subscribed as gerry-faulhaber () mchsi com To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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