On 01 Dec, 2004, at 13:44, Stephen Fisher wrote:
I think the point here is that Verizon is giving up on Philly to get the legislation past so that they can set a precedent for the rest of the country.  What company wouldn't want VETO power over city policies and programs?  It's outrageous and you should still call the gov, if it's not to late, to ask him to veto the bill!  This is much bigger than the Philly wireless issue. 

Yes, you are correct, but Pennsylvania is not the precedent ... there were about 12 others before it.


Verizon's "push" in Pennsylvania was initiated by a March 2004 ruling by the US Supreme Court that states have the legal right to block local governments from building their own telecommunications utility projects.

If you ignore the political spin on the article, you can read about the issues here:
http://news.com.com/Broadband+Why+policies+must+change/2009-1034_3 -5261375.html



One of the more interesting aspects of Philadelphia's plan appears to be that it, as the funding model is now envisioned, will run afoul of existing FCC rules.


"First Report and Order and Further Notice of Proposed Rulemaking in WT Docket NO. 99-217, Fifth Report and Order and Memorandum Opinion and Order in CC Docket No. 96-98, and Fourth Report and Order and Memorandum Opinion and Order in DD Docket No. 88-57, FCC 00-366 (rel. Oct. 25, 2000)"

"The first two of the foregoing rules are the most relevant to property owners. The forced access rules prohibit building owners from entering into exclusive contracts with CLECs including those contracts that do not appear to be, but in fact are, exclusive contracts. The term "exclusive contract" not only encompasses contracts that grant a service provider the sole right to service a building, it also includes contracts with a CLEC that permits access to that provider and the ILEC, but denies access to other competitors."

So, while the FCC Rules were apparently specifically aimed at Telecom, they would appear to imply that the idea that wireless access would NOT compete with land-line based carriers, is in fact a violation.

http://www.dreierllp.com/art-07.htm


T.T.F.N. William H. Magill [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED]

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