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 AlakarFacts do not cease to exist when ignored
join:2001-03-23
Milwaukee, WI | People seem to forget that AT&T is following the rules. AT&T is subject to the 1996 Telecommunications Act, not the Cable Act of 1986.
Just as the cable companies successfully argued that VOIP service is IP based, and as such not subject to either act listed above, AT&T is following the legal precedent that IP based services are not subject to cable franchise laws.
Also, the reason this lawsuit has occurred now, even though AT&T has been deploying here in Milwaukee for 3 month's, is the Milwaukee Public Schools announced a couple of days ago they are running a $9 million deficit.
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"Necessity is the plea for every infringement of human freedom; it is the arguments of tyrants; it is the creed of slaves." William Pitt the Younger | |
 marigoldsGainfully employed, finallyPremium,MVM
join:2002-05-13
Saint Louis, MO
kudos:1 | said by Alakar:that AT&T is following the rules. AT&T is subject to the 1996 Telecommunications Act, not the Cable Act of 1986. Just as the cable companies successfully argued that VOIP service is IP based, and as such not subject to either act listed above, AT&T is following the legal precedent that IP based services are not subject to cable franchise laws. That is not the argument. The argument was that the FCC specifically classified VOIP as an information service when they created the rules that led to the Brand X case.
Hence, a different component of Title 47 (both the telecom act and the cable act apply to all of these situations) applied to cable broadband services. IPTV has not been classified by the FCC as an information service. In order for IPTV to be classified in such a manner, the common carrier requirements on DSL would have to be dropped first (with all the nasty consumer issues that would create).
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