[Re: [Latest draft of Internet regulation bill]

Fri Nov 11 20:28:39 UTC 2005

--- Blaine Christian <blaine at 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.