This is Congress' fault for structuring the legislation this way. The truth is the original Markey Data bill was good, then the Bell's lobbied to get the Senate to introduce a CN/Bell bill, and that's the one that became law. This was the lay of the land in late 2007/early 2008; The Bell's Lobby Army gave Congress explicit instructions that no telecom legislation could pass except for this p.o.s. bill.
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