The Death of Naked DSL > Don't think they should be forced

Don't think they should be forced

Tenth 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.

Well, its not really a clear violation. If tenth amendment theory holds water, then the FCC wouldn't exist. This would be very bad in terms of spectrum allocation, etc.

I try to think of the telco as any other business. Say for example an airline didn't fly to a specific destination, yet were required by some regulatory board to sell tickets to competitors at less than the cost of what it actually costs them to fly there. Shouldn't happen.

Capitalism is a good thing, and with the large fiber build up thats about to occur, the telcos are going to need as much money as then can get. Further, the landscape in terms of competitiveness has changed since the law that Powell struck down came into existence. With Cable companies providing phone (VoIP), video, and internet, coupled with the fact that Wireless exists, the law should have been changed.

I think telecommunications, and radio communications certainly, is considered interstate commerce. That gives Congress the right to pass the Communcations Act of 1934, which created the FCC.

reply to AmeritecTech
Since the telecommunication companies are coducting business interstate rather than purely intrastate, the FCC regulations [being the regulations of the federal government] would automatically take precedence.