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Alas, in the US, the appellate courts in a madcap act of pro-big business judicial activism overrode the FCC's legislative mandate to insure fair and reasonable
by jauntywundrkind 3y ago
Alas, in the US, the appellate courts in a madcap act of pro-big business judicial activism overrode the FCC's legislative mandate to insure fair and reasonable Unbundled Network Element (UNE) access for fiber. Where-as with DSL and other networking, there had been competitive ISP access to markets, the courts overruled the good work Congress & the FCC has done to favor pure corporate monopoly, for vague ass reasons:
> Thus, we determine that, particularly in light of a competitive landscape in which competitive LECs are leading the deployment of FTTH, removing incumbent LEC unbundling obligations on FTTH loops will promote their deployment of the network infrastructure necessary to provide broadband services to the mass market.
https://apps.fcc.gov/edocs_public/attachmatch/FCC-03-36A1.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-03-36A1.pd...
This lead to a number of years of the FCC & courts walking back the good in progress work, 2001-2006, to create a court enforced monopoly over local & recently (things are still getting worse) long range fiber.
Truly one of the saddest worst boundaries America has towards becoming a respectable nation, where we can build utilities that compete to serve our people. Incredibly wild colossal pro-corporate pro-monopoly judicial activism out of no where. It's so unclear how America can re-decide, re-figure this out. The decisions of the court seem the most immutable, nearly impossible to change (although this Supreme Court is doing an amazing job ignoring & overturning precedent as is pleases then).
This should absolutely be changed, everywhere, asap. Good job Canada. Wish you well.