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Comment by greggyb | Hacker News Reader

This article prompted me to read more about pole access rights, and this article[1] seems interesting and informative.

The question it begs, though, is why must a pure ISP be classified as a cable provider or telecommunications provider? It seems clear (and is made explicit in the article I have linked) that a good portion of the problems surrounding this issue come from applying yesterday's regulations to today's technologies.

Why is the following not an option: Add a new classification of utility for ISPs and allow them utility pole access at either one of the existing rates or a new one.

Why is regulation according to Tittle II (a contentious issue) a necessary prerequisite for ISP access to utility polls (a competitive boon wanted by pretty much all internet customers)?

[1]http://www.kandutsch.com/articles/access-to-utility-poles-fo...

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> a good portion of the problems surrounding this issue come from applying yesterday's regulations to today's technologies.

And that is why a functioning congress would be nice.

Correct me if I'm wrong, but I do not believe that the FCC would need congressional approval to do anything proposed in the parent article or what I've mentioned. They are a regulatory commission that designs and implements regulation.

I may be wrong on that, and if I am a good primer (from anyone or just link) would be nice.

The FCC is only authorized to regulate within the bounds of the laws that granted it powers. "Title II" is not something the FCC made up, it's a law passed by congress.

'Kay, cool. I guess I am a bit misled by the amount of power they have to just arbitrarily redefine what the statute refers to.

See the 1996 Telecom Act. It explicitly laid out the classifications the FCC can use: telecom, broadcast, cable and information service. http://en.m.wikipedia.org/wiki/Telecommunications_Act_of_199...

Per the courts, the FCC does not have the authority to create a new classification, only Congress can do that. The FCC must apply one of the classifications to ISPs and regulate them according to that classification per the 1996 act. The FCC currently classifies ISPs as information services, and information services can discriminate because they offer a service that requires a greater level of control in order to function.

Also see the court case where the FCC attempted to apply special regulations to the ISPs, and the courts shot the FCC's special regulations down: http://en.m.wikipedia.org/wiki/Verizon_Communications_Inc._v...

Thanks much. This is helpful for me.

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