2 ms·
> So common carrier status is forfeited if a company reasonably terminates a contract due to the actions of the other party? Yes. That's why I can trash Verizo
by notyourday 9y ago
> So common carrier status is forfeited if a company reasonably terminates a contract due to the actions of the other party?
Yes. That's why I can trash Verizon or smear Verizon's CEO name from a Verizon phone and Verizon cannot use it to terminate my service. Neither can AT&T.
[Edit: Responding here because HN is saying I'm posting too fast]
Non physical plant phone companies have never had any decisions on them that would affirm if they are or they are not common carriers. Verizon Wireless' data services subs behave as if they were.
Brand X decision is largely misunderstood because it deals with LECs, CLECs and companies that would like to get access to CLEC like benefits without being CLECs. Its scope was incredibly narrow which is why it took that many years for FCC's net neutrality rules be overturned ( and why it was done by the FCC ) and why it allowed FCC rules to stand.
Being disconnected due to utilizing it for harassment is also rather complicated ( and has lots of possible legal theories that have not been tested ):
- it is known that a phone company cannot disconnect the last "live line" service, even for non-payment.
- phone company may restrict one's ability to use the service as long as it continues to provide live line service ( for wireless service it is what allows one to use a locked or administratively disabled phone to make emergency calls ). There are however tons of hoops to jump through.
[Another edit:]
Things become a lot more interesting with MVNO because they are really nothing other than buying clubs even if what they buy is a network access. I believe MVNOs can actually terminate services for any reason as they should not fall under the common carrier label.
This in turn makes me wonder if Verizon/Sprint/ATT/TMO are actually MVNO themselves as I know for certain that entity from which customer's buy services are not the entities that operate it.
- tedivm 9y agoCan you find an example of this that isn't a phone company? Common carrier only applies to phone companies, it doesn't apply to CDNs, content providers in general, or websites. I'll point out too that Verizon or AT&T can terminate services for other things. If your line is used to harass people or make prank phone calls then it can be shut down. Common carrier doesn't mean that they have to allow everyone to use their service.
- jacquesm 9y agoEvery ISP in the United States has common carrier status. http://www.adweek.com/digital/net-neutrality-fcc-reclassifies-isps-as-common-carriers/ http://www.adweek.com/digital/net-neutrality-fcc-reclassifie... Note that this is subject to change in the present.