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[Re: [Latest draft of Internet regulation bill]

  • From: charles cala
  • Date: Fri Nov 11 15:33:47 2005




--- Blaine Christian <blaine@blaines.net> wrote:
<snip>
I suspect the section regarding nondiscriminatory access could have
been worded better.  Half the text is repeated.  Are they paid by
the word you think?



I believe this part is how utilities (ele, gas, tel(traditional),
sewage, etc) who doesn't do tcp/ip  must give
access to a tcp/ip provider at normal rates¯ to their
trench¯.( pole, duct, conduit, or right-of-way).

(a) NONDISCRIMINATORY ACCESS.A utility shall
provide a BITS provider, BIT provider, or broadband
video service provider with rates, terms, and conditions for
access to any pole, duct, conduit, or right-of-way owned
or controlled by such utility that are nondiscriminatory as
compared to the rates, terms, and conditions for such ac-
cess provided to any telecommunications carrier, cable op-
erator, or other BITS provider, BIT provider, or
broadband video service provider.


I believe this part is for the tcp/ip speakers , they also have
to share the trench. (pole, duct, conduit, or right-of-way).

A BITS provider, BIT
provider, or broadband video service provider shall provide
a cable television system, a telecommunications carrier, or
any other BITS provider, BIT provider, or broadband
video service provider with rates, terms, and conditions for
access to any pole, duct, conduit, or right-of-way owned
or controlled by that provider that are nondiscriminatory
as compared to the rates, terms, and conditions for such
access provided to any telecommunications carrier, cable
operator, or other BITS provider, BIT provider, or
broadband video service provider.


The question that comes up in my mind is...

If the city is putting a new water main in a
road that connects 2 of my data centers,
does this act force them to let me toss
in a big bundle of fiber before they
cover the pipe up?


Is the defense listed on page 64 of
http://energycommerce.house.gov/108/news/11032005_Broadband.pdf
   [(b) CAPACITY EXCEPTION. Notwithstanding para-
   graph (1), a utility providing electric service may deny a
   BITS provider or BIT provider access to its poles, ducts,
   conduits, or rights-of-way, on a nondiscriminatory basis
   where there is insufficient capacity and for reasons of
   safety, reliability, and generally applicable engineering
   purposes.]

going to prevent such action?

(  Utility per 1934 act =  a local exchange carrier,
or a electric, gas, water, steam or other public
utility and who owns or controls, poles, ducts,
conduits, or rights-of-way used, in whole or
in part, for any wire communications (the
rights-of-way). Incumbent local exchange
carriers are considered utilities.  )

I can see this allowing a bunch of short dark
fiber runs to be installed in highly dense
places (times-sq.ny.ny.us) as well as
through rural zones.

I've set reply-to = me because of perceived drift,
feel free to override.





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