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FCC to allow fiber monopolies in local loop ??


From: Dave Farber <dave () farber net>
Date: Sat, 25 Jan 2003 11:24:12 -0500


------ Forwarded Message
From: "Mike O'Dell" <mo () ccr org>
Date: Sat, 25 Jan 2003 09:30:17 -0500 (EST)
To: dave () farber net
Subject: FCC to allow fiber monopolies in local loop ??


an article in this morning's NYTimes indicates that the FCC
is about to allow the ILECs to build fiber to the home without
requiring any access requirements.

If the FCC would lift access requirements on "new builds" WITH
the proviso that such new builds cannot be done by the entity
subsizied by the rate payers, and that those links cannot connect
to any infrastructure subsizied by the rate payers without paying
interconnect charges defined by open-market competition, then
I would say "fine, let them have at it."

HOWEVER - the public PSTN, while built by the ILECs back when they
were part of AT&T, was paid for by the rate payers and continues
to be subsidized by them based on a guaranteed rate of return
on investment afforded by their statutory monopoly status.

Note that the PSTN does not really "belong" to the ILECs.  it
is a public trust, financed by the public to build and operate,
and the ILECs were made the stewards of that trust.  Part of
the trade for the monopoly status is the notion that they sell
to everyone off the same price sheet.  Allowing the ILECs to
build fiber-to-the-home using subsidized dollars and then not
require them to provide access to all comers under the same
conditions is to allow conversion of this public trust
infrastructure to a private asset without any remuneration to
the public trust.

Therefore, if the ILECs wish to build fiber-to-the-home,
which i think is a fine idea, they must do it the same way
everyone else has to, which is without subsidized dollars
and without using subsidized infrastructure for free.
If they pay the same interconnect charges that any other
fiber builder would pay, then fine.

Note they do still enjoy a huge advantage - they already have
the rights of way which can be used for the fiber builds.
By rights, those should be excluded as well, or at least
the footprint of the fiber build should be leased from the
regulated unit at a rate determined by open market forces.

To do any of this otherwise is an affront to the people who
have paid for this infrastructure for the last 100 years
and who should be enjoying the fruts of its evolution,
rather than being hobbled by the trustee's intransigence.

    -mo


(yes)


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