FCC Loses Court Battle To Let Cities Build their Own Broadband (theverge.com) 160
Jacob Kastrenakes, writing for The Verge: The Federal Communications Commission's plan to let cities build their own broadband networks hit a major roadblock today, as a federal appellate court ruled that the commission was overstepping its authority. The United States Court of Appeals for the Sixth Circuit said today that the FCC is not able to, essentially, remove state laws that prevent the construction of municipal broadband networks, as it attempted to do in Wilson, North Carolina and Chattanooga, Tennessee last year. Both Wilson and Chattanooga had petitioned the FCC for permission to build out their own broadband networks -- a measure some cities are turning to in order to increase competition among internet providers, who often hold regional monopolies and more or less refuse to compete. State laws, however, prevented them from doing so; that's the case in 19 states in total, all of which could have been affected by future FCC orders had the court ruled in its favor.Ars Technica has more details.
While It Sucks... (Score:5, Insightful)
...that Providers enjoy a monopoly, they do so because the elected officials provided it.
The proper solution is through electing officials that will revoke the monopolies, not allow the Federal Government to intrude in State Business because once you allow that, you are likely to see i in other things that you decidedly don't want.
Re:While It Sucks... (Score:5, Insightful)
Many of the arguments that apply with federal government meddling in state business also would apply to state governments meddling in local business...especially when companies fail to deliver adequate services.
Re:While It Sucks... (Score:4, Insightful)
Many of the arguments that apply with federal government meddling in state business also would apply to state governments meddling in local business
The same arguments do apply, but it's irrelevant in this case.
The FCC doesn't make laws, that's Congress' job. They were trying to override the state laws without the authority to do so.
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Yes, and the government needs to push back like it did for 55 mph speed limits nationwide.
Cut Federal Funding until the states comply with the directive.
Re:While It Sucks... (Score:5, Insightful)
Cut Federal Funding until the states comply with the directive.
The Constitution places restrictions on what the federal government can do. It is an abuse of its taxing authority to use it to impose otherwise unconstitutional demands on the states. Municipal broadband has mostly worked well, and IMO should be allowed, but if you allow the federal bureaucrats to bend the states to their will on this, then the door is open to federal impositions on many other issues that you may not like so much.
The bottom line, is that if we want better government, then we should vote for it.
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Worked damn well for the nationwide 55 .They did it before and they can do it again.
Re:While It Sucks... (Score:5, Insightful)
You want to increase the power of Imperial Washington?
The one clear check and balance on Imperial Washington are the states. If you're not happy about the Patriot Act, NSA over reaching then maybe, just maybe, you ought to be wary about other over reaches (even if the particular instance leads to a desired result).
Re:While It Sucks... (Score:4, Insightful)
No, 55 mph was a stupid idea.
And them repeating the tactic isn't growing anything. An example of this has happened, and can happen again anytime.
You are arguing "Black or White" , I am saying this is (not 50) "shades of grey" .
There is a clear abuse going on between comcast and state government. I have absolutely no issue with the government stepping in with the retraction of federal funding to crush that.
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And, yes most things are shades of gray (like the way you phrased it
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I disagree that it's an expansion as I cited an example. So I agree to disagree.
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If any federal government authority could rule on such a matter, it should be the SEC, not the FCC. It is a matter of business practice, competition, and monopolies. It is not a matter of how communications are performed or restricted. The FCC's authority should apply equally to any provider of such services and be blind to who is providing them.
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No this is not to be handles by the states. This is my position, but not even the states should have been given the amount of power they have. It all g
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Corporations already own the states because states are too small to push back. Divide and Conquer.
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Many states don't require insurance.
You can self insure if you own a lot of vehicles or your can usually post some kind of bond to prove that you have the means to pay for any accident you cause.
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The one clear check and balance on Imperial Washington are the states.
Then what is the check on state's imposing their will on municipalities?
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How many States routinely change their government? How often does a new party get into power in a State? From what I know about America, the States are ruled by the same party as the Federal government, a party that presents 2 faces, that disagree on minor issues but on the big issues, they agree, and they hardly ever listen to their subjects on the big issues.
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Practically speaking, state governments seem to screw up more than the federal government. There seem to be a greater variety of idiots on the national level who cancel each other out better.
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that disagree on minor issues but on the big issues, they agree
They disagree on THIS ISSUE. Democrats generally support municipal broadband, and Republicans generally support the right of states to ban it. Even the FCC voted along party lines.
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Secondly neither party is monolithic. The Republican party is split between "establishment" which is for crony capitalism; libertarian / tea party which is greatly opposed to this and social conservatives who tend strongly to main street (as opposed to wall street) but for whom social issues is their primary concern.
Main Street is a
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Re: While It Sucks... (Score:3)
Don't say "imperial Washington". It's factually incorrect and just undermines the legitimacy of your opinions.
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It isn't Imperial Washington in 2016 but what about 2036?
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You are entirely missing the point here. Speed limits are not something that need to be set at the federal level.
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What do you have against Canada and why are you calling it a "bad regime"?
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Yes, if you ever want to stop importing foreign oil and funding bad regimes around the world, we will need to drive 55mph.
I have an electric car and solar panels on my roof to recharge it. So why should I drive 55mph?
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You're the one who is completely full of unsupported bullshit. EVERY car gets better fuel efficiency at 55 than the same car at 80. The force or thrust required to overcome rolling friction is constant with speed, and the force or thrust required to overcome air resistance rises proportionally to the SQUARE of the speed. That means that the POWER (P=f times v) to overcome rolling friction rises proportionally to the speed, and the power required to overcome air resistance rises proportionally to the CUBE of
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Mine hits it around 45 MPH.
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While your argument is sound, my experience says that there must be more to it than that.
I had a 99 Saturn SL1. At 65mph it averaged, roughly 34mpg. At 80mph, it averaged roughly 38mpg. These numbers are from memory but they are roughly correct. It surprised me greatly to discover these numbers.
How can this be? I am unsure. Possibly something to do with gearing and RPMs. Weird, but empirical data outweighs theory every time.
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The bottom line, is that if we want better government, then we should vote for it.
Yes, we should vote on it. But it seems that any politician that agrees with the mass's opinion on some topics, it is the opposite on other topics. So a politician that is willing to help fix things with oligopoly will probably screw things over elsewhere in society.
... but if you allow the federal bureaucrats to bend the states to their will on this, then the door is open to federal impositions on many other issues that you may not like so much.
So, you're opposed to the federal government telling states to open up competition?
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if you allow the state bureaucrats to bend the municipalities to their will on this, then the door is open to state impositions on many other issues that you may not like so much.
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Should that happen, the voters of the state can change their state's constitution to limit the control the state has -- or, just vote in state level politicians that will eliminate laws that the state's voters find undesirable.
Just as we could amend the United States Constitution to grant Congress the ability to enact laws that implement Social Security or Medicare or to ban people from taking medications that improve their health or save their life. Perhaps some day we will do so.
Remember the quaint old da
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The 18th Amendment was legal authority -- just as much if the Postal Clause had originally been omitted from Article I Section 8 and a later Amendment gave Congress the power "To establish Post Offices and post Roads". Just because a portion of the Constitution (which includes all the ratified Amendments) is "political" doesn't preclude it from being legal authority. Virtually every phrase in the Constitution can be viewed as "political policy".
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We all need to have a sit-down and talk about what form of government we all want to have. To that end, I have created The Pirate-Ninja-Zombie Party [gutenberg.org] Facebook group.
Re: While It Sucks... (Score:2)
Imposing taxes would be illegal, but cutting state welfare would not. The government did the same thing to bring all the state drinking ages into line, too. "You can set your age to whatever you want, but you'll have to forgo this huge blank check for infrastructural improvements."
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History, Ask your grade school teacher about the 1970's.
And don't stay up after bedtime. You have school tomorrow...
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The FCC doesn't make laws, that's Congress' job. They were trying to override the state laws without the authority to do so.
But does Congress have the authority?
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Wrong. Try reading Title 47 of the US Code. The FCC was already given this authority by Congress.
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"..the commission is not explicitly granted permission to overrule the states like this. And while government agencies are generally given deference to interpret their own powers where a law has left them unclear, the court determined that isn't the case in this situation. That's because it would be going so far as to overrule a state law, and that, the court said, r
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The FCC doesn't make laws, that's Congress' job.
Congress made a law that the FCC can make regulations with force of law. Perfectly legal. If you don't like it, speak to your senator or representative.
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Actually states and their relationship with the federal government are defined in US constitution. Local governments however are political subdivisions of each individual state and it is up to each state and that state's constitution as to how much autonomy local political subdivisions should have.
So in short basically local governments, in most if not all cases, exist to keep the peace and handle more mundane matters on behalf of the state's legislature which created those local governments but a lot of pe
Re:While It Sucks... (Score:4, Insightful)
...that Providers enjoy a monopoly, they do so because the elected officials provided it.
The proper solution is through electing officials that will revoke the monopolies, not allow the Federal Government to intrude in State Business because once you allow that, you are likely to see i in other things that you decidedly don't want.
So why is it bad when the Federal Government tells a State what to do, but it's a-okay when the State tells a City what to do?
You do realize that the Federal Government is perfectly authorized to regulate interstate commerce, right?
By the way, it's also not so easy to simply elect officials based on a single issue, on any level except the local, unless you manage to make that issue a single hot-button, which really only occurs for a very few number of sparing things. Furthermore, it's not always simply the case of "enforced monopoly", because in many cases the amount of investment needed to wire a city in competition with an established provider is very large, and the expected rate of return just doesn't justify a second private company making it, so passing a community bond issue is really your only option short of praying to Google to come to your town.
Re:While It Sucks... (Score:5, Informative)
Well, first, the relationship between the states and tghe Federal government are not the same.
Second, A state regulating business within it's own borders is not "interstate commerce". But don't count out some tool from trying to make that argument.
Third, it's too bad change is hard. Seems to me, it was set up that way on purpose.
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Clarifying... the relationship between State Government and Cities is not the same as the relationship between the Federal Government and Cities.
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The hell it aint
Re:While It Sucks... (Score:4, Insightful)
The internet is hardly "within its own borders". The states can't regulate which trucking companies operate on the interstate highways either. Why should we let them regulate this? This is precisely one of those things we need the feds for.
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That's precisely the fucking Bullshit thinking that has the Fed regulating every aspect of our lives.
The fucking air I breath comes from across state lines so the Feds can regulate how I breath?
Fuck you, asshole,.
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The fucking air I breath comes from across state lines so the Feds can regulate how I breath? Fuck you asshole.
WTF?
The Feds can regulate what people in other states can force you to breathe, yeah. If a factory in one state emits pollutants that flow downwind and cause health problems for people in an adjacent state, the Feds are the only ones who can do anything about it. I didn't realize that could be hard for anyone to understand.
(Also, why does it seem so hard for some people to understand that "breath" is a noun and "breathe" is a verb?)
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That's precisely the fucking Bullshit thinking that has the Fed regulating every aspect of our lives.
The fucking air I breath comes from across state lines so the Feds can regulate how I breath?
No, but the Feds can regulate how much pollution a company can produce because it crosses state lines.
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Fuck you, asshole,.
And be more careful with your punctuation. Every unnecessary bit requires more storage and only contaminates the air even more. In fact, under the circumstances, powering down your computer completely, and maybe donating it to a needy kid would be of great benefit to us all.
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The states can't regulate which trucking companies operate on the interstate highways either.
The states definitely can regulate the trucking companies that are located within the state. This includes matters such as licensing the drivers and requiring insurance - and not allowing drivers without a license or insurance to drive on the roads, including interstate highways.
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So why is it bad when the Federal Government tells a State what to do, but it's a-okay when the State tells a City what to do?
Because of the 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
There's a pretty limited set of powers for the federal government enumerated in the Constitution. Probably 80% of what the Feds do isn't really allowed by the Constitution. They only get away with it because judges do their wink-wink bit and let things slide, frequently under some tortured interpretation of the comm
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Probably 80% of what the Feds do isn't really allowed by the Constitution. They only get away with it because judges do their wink-wink bit and let things slide
...and because the Constitution itself dictates that the judiciary system is the sole body responsible for interpretation of the document.
Re:While It Sucks... (Score:5, Informative)
Why is it bad, or why is it illegal? The federal Constitution reserves powers not granted to the feds for the states. Whether a state has power over a city is a matter of that state's Constitution. From a quick look at the NC Constitution [ncleg.net], the state General Assembly seems to have the power to enact "general laws uniformly applicable throughout the State," which seems to give them authority to preempt local laws, so long as it's done uniformly.
"the Federal Government is perfectly authorized to regulate interstate commerce, right?"
Even accepting that the Internet is interstate commerce, the issue is how much of that authority has Congress given the FCC. The linked article specifically mentions that - "to overrule a state law
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The federal constitution reserves powers not granted to the PEOPLE. Powers specifically granted go to either the states or the federal government, but that does not mean that the states get anything not granted.
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Re:While It Sucks... (Score:4, Informative)
You couldn't be more wrong. The US Constitution:
1) Guarantees certain defined rights to all the people in every state.
2) Grants certain defined powers to the Federal Government.
All other power, without further limit, devolves to the individual states. Each of them is sovereign, and can write anything into its own constitution, subject only to the above two specific limitations.
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Why can't you require the company that owns the wires to lease it at a fair rate to other ISPs?
Better yet, prohibit the company that owns the wires from also being an ISP.
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Why can't they require you to make your house available to some homeless dude twice a month?
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So why is it bad when the Federal Government tells a State what to do, but it's a-okay when the State tells a City what to do?
It is not "a-okay", but is an issue to be resolved by the voters of that state, not by federal bureaucrats.
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So why is it bad when the Federal Government tells a State what to do, but it's a-okay when the State tells a City what to do?
Did you skip your civics class in high school?
States are sovereign governments, which (ignoring some bits I'm going to get to in a moment) give them unlimited power within their borders to do what they like, and the cities within them are completely subject to their will. The states entered into an agreement with the federal government when they joined the union (or when they ratified the constitution), which explicitly gives the federal government specific, limited powers over the states. Within the scop
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You don't mind if I apply that to things like slavery, child labor laws, desegregation, and pollution (which doesn't respect state lines) regulation, do you?
When the local authorities fail to protect us, sometimes it is necessary to call in the cavalry. But we are then responsible for its oversight also.
This is just another unfortunate incident of government serving the interests of its biggest "contributors", and a submissive public that won't take the issue into the voting booth.
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...that Providers enjoy a monopoly, they do so because the elected officials provided it.
Not necessarily, and as a matter of actual legislative decision, those kinds of franchise agreements are now banned.
By the United States Congress. Who did it over 2 decades ago. So stop blaming that.
The proper solution is through electing officials that will revoke the monopolies, not allow the Federal Government to intrude in State Business because once you allow that, you are likely to see it in other things that you decidedly don't want.
Except as mentioned above, there are no such monopolies granted by state or local authority, rather the problem here is banning local governments from engaging in a service to their public by the state governments.
So your premise seems to be flawed. Not to mention how you seem to be operating under the assump
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So...two decades ago they were banned. Yet, they still exist. So, ya, you can blame the monopoly agreements.
The rest of your prattle is just bullshit that argues there is no reason for state to exist at all.
Re: While It Sucks... (Score:2)
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So lets just go around the system and fuck shit up directly...subject to whoever is in power are whatever level of Federal government if fucking shit up.
Do you fucking morons even listen to what you say??
Re:The proper solution (Score:1)
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I'm generally as fan of states rights. However, the FCC was given this charter by federal law, which trumps state law...
The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.
In this case, I'd argue that we don't want 50+ different sets of rules for the internet. And, allowing individual ISPs to have singular control of an area is anti-competitive, monopolist
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Yeah because we can always trust states to do the right thing without the federal government interfering especially in the Deep South.....
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The proper solution is through electing officials that will revoke the monopolies, not allow the Federal Government to intrude in State Business
The fact that there's a law on books that PREVENTS local governments from deploying broadband is corruption most foul that should be stopped in whatever way possible. If that means fighting fire with fire so be it.
once you allow that, you are likely to see i in other things that you decidedly don't want.
Ah the slippery slope argument never fails to amuse. Not me, and not most everyone else. If anything, we use previous experience to make more informed, better subsequent decisions. So yeah, if the FCC proves it can fight for consumers' rights and the technological progress of our nation, I'm on th
Re:Government regulation preventing real competiti (Score:4, Insightful)
when the federal government stands in the way of even local governments being able to do what they want in their own cities.
State government, not federal.
Sarcasm? (Score:5, Informative)
How funny that in a recent thread someone was trying to claim it was a fantasy that government regulation had no effect on ISP choice, when the federal government stands in the way of even local governments being able to do what they want in their own cities.
State laws, however, prevented them from doing so; ...
Are you being sarcastic? It's the Federal government that is trying to create more competition but STATE governments are stopping it.
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How funny that in a recent thread someone was trying to claim it was a fantasy that government regulation had no effect on ISP choice, when the federal government stands in the way of even local governments being able to do what they want in their own cities.
Keep hittin the glass pipe Ken!
Good thing the West is free from 6th circuit (Score:1)
7th circuit, baby!
Give us that high high speed!
I feel the need, the need to slurp up Gigabit plus speeds!
States rights for the win! (Score:4, Funny)
If we don't stand up to big government to protect the interests of innovaters like Comcst and AT&T, who will?
Vote 'em out. (Score:1)
If you're not busy finding alternatives to incumbent representatives at all levels you're doing it wrong. If your current sheriff/mayor/representative ain't catching hell for revolutionary behavior, vote 'em out. Look for candidates the MSM is ignoring or trashing and give 'em a job. We can swap 'em out again in 2-6 years if they don't get the message. The 'establishment', and all connected to it, have got to be thrown out of power ASAP because they're busy as beavers tooling the system to make it impossibl
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That's what I've been saying for years.
Yes major corporations have more money to buy politicians, but at the end of the day, they can't physically vote. Only people can. I'm sure when the people start firing representatives every time they come up for election. Either the politicians or the companies will see it as a losing game at some point.
Of course then the companies will just attempt to buy the peoples votes instead.....
Municipal broadband is inevitable (Score:4, Interesting)
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Municipal broadband is a red herring, but it is a convenient legal battleground to set precedents against any internet access not under the control of a major ISP. What we really want is a wireless mesh network where everyone acts as a repeater for everyone else, there are no points of control aside from international links, and where the network is never, ever trusted, unlike TCP/IP. This is the only way we're really going to get a free and open internet not subject to censorship or other forms of malfeasa
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We don't want the Internet being a wireless mesh network.
Wireless data transmission has much more stringent limits than wired data transmission. I can get 1 Gb/s connection from the phone company (although I'm not going to get it unless and until I find 40 Mb/s and then 100 Mb/s insufficient)). Getting a gigabit connection with reasonable ping time over a wireless mesh network is going to be challenging at best. If my internet connectivity goes down, I have someone to call now, rather needing to figur
It's not just about slavery (Score:2)
State's rights are a good thing. If the electorate of those 19 states don't like it, it's their job to change it.
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The problem is the big ISP's pay a lot of money to bribe politicians to keep out competition. In many states, there's not enough granularity on their ballot to weed out specific bad practices. Politicians can focus on God, Gays, Guns, and Walls to distract voters from these kinds of issues, for example.
Replublicans up in arms? (Score:3)
The republicans must be up in arms over this ruling, not to mention these anti-free enterprise laws passed by democratic state legislatures. Right?
And the Democrats too? (Score:2)
The republicans must be up in arms over this ruling, not to mention these anti-free enterprise laws passed by democratic state legislatures. Right?
And those Democrats! Why - we've even got a Democratic president, for gosh's sake. What does he say?
I'll bet if the Democrats and Republicans wanted to, they could pass a law that would have bipartisan support, and then the Democratic president could sign it into office.
Hah hah hah! I'm kidding.
Obama (the Democrat in charge) gave the telecoms immunity [politifact.com] in return for campaign donations.
There's no reason to believe that he wouldn't veto the bill in return for more campaign donations... to Hillary, for instance
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USTelecom, the trade group that represents internet service providers including AT&T and Verizon Communications Inc, praised the decision as "a victo
Down with states (Score:1)
The whole goddam system (Score:2)
If Congress doesn't make a stupid law, the President will arrogantly dictate the stupidity.
If the Congress and the President don't do it, the Supreme Court will make up some bullshit.
If the feds don't do it, the states will - corrupt legislatures, tyrannical governors, and crappy state supreme courts.
If the states don't do it, the counties will.
If the counties don't do it, the cities and towns will.
The whole lot of them are a bunch of vile, corrupt pigs.
Here we go again (Score:3)
So, here we go again.
Just like with the establishment of telephone service lines.
Just like with privately held public transit systems.
Just like with privately owned bridges goin into and out of major cities, where monopolies were created.
Just like with the railroads.
Look at history. This will not be a short fight. But, internet service is a UTILITY.
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When the state chooses the winners, it's not capitalism anymore.
Re:Capitalism is good... (Score:5, Interesting)
And in the case of Chattanooga, they already know it is, because EPB (the power company there) has been providing Gigabit internet for years. It's the people just outside Chattanooga that want to get in on that, but thanks to Tennessee state law (and Georgia on the other side of the city) passed at the explicit behest of Comcast/etc, they can't get it.
This is what they want to sell you as "capitalism" - a natural monopoly, reinforced by the State by preventing competition of any sort.
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Hah, hah, hah. Capitalism is ALL ABOUT privilege, arrogance, bribery, and corruption - gee golly, same situation as Communism ends up, isn't it? Because it's all about HUMAN FAILINGS. As long as humans are in charge, you're shit out of luck.
I think you meant free enterprise. True free enterprise is about as rare as true communism.
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