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bistro777
Donuts-Is There Anything They Can't Do?
Premium
join:2002-02-07
Englewood, CO
| Note to lobbyists: Please wait in the lobby. From the article - - “Solicitor General Theodore Olson asked the high court to hear the case, arguing that states have the right to pass such laws [that prevent municipal governments from competing with the private sector in providing telecommunications and Internet services]. SBC Communications has intervened in the case on the side of the government.” - - Some surprise there, huh? LOL Let the bashing begin… 
"Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn | |
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calvoiper
join:2003-03-31
Belvedere Tiburon, CA
| Re: Note to lobbyists: Please wait in the lobby. A little focus on the issue might help this discussion along.
Federal law generally prohibits the states from inhibiting competition in telecommunications. (It doesn't always work, but the law is there.) This allows competitors to get necessary licenses, etc.
On the other hand, under long standing principles of federalism, cities are, legally, essentially the creation of state government. Cities in one state may have the power to collect garbage and supply electricity, while in another they might not. State legislatures can dissolve, reform, and change cities and their government at will, so long as it doesn't disturb things like contract rights of individuals (bonds issued or franchises granted, for example.)
While the anti-restriction folks argue the Telecom Act of '96, the pro-restriction folks argue that cities are ALWAYS beholden to state legislatures, just as they are beholden to their own city councils--and that either of those bodies may freely make the decision for a city to go into the telecom business, or not.
I'm not trying to argue one side or the other here (though I favor muni telecoms)--just trying to explain the legal background on this fight.
Calvoiper
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VoIP--the death knell of remaining voice monopolies! | |
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bistro777
Donuts-Is There Anything They Can't Do?
Premium
join:2002-02-07
Englewood, CO
| Re: Note to lobbyists: Please wait in the lobby. Exactly...which is why SBC has intervened on behalf of of the federal government's case rather than Missouri's (or any other state's) side.
"Television - a medium. So called because it is neither rare nor well done." -- Ernie Kovacs | |
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