Kevin,
     No, I never stated "that under no circumstance a public
 company can become a common carrier? " and no, I don't believe 
that. However I do believe that a private company may operate and 
utilize their assets as they see fit as long as they stay within 
the law. Whitacre's stated intentions fit within current law. 
Otherwise, you would not see legislation NOW being introduced to 
regulate the Internet. Again, I don't think it is a wise strategy, 
but these large telcos are desparately trying different things as 
an attempt to avert disaster. They own vast aging copper 
infrastructure that is becoming obsolete as the world migrates 
from circuit switched to packet switched technology. They need to 
spend vast sums of money in an attempt to build IP based optical 
networks and they need to do it before their revenue stream from 
the copper plant completely dries up, all the while seeking new 
revenue sources and trying to stem the bleeding as their 
traditional voice customers continue to migrate to cable companies 
at an ever increasing rate.
Jim


On Fri Mar 17 00:34:10 PST 2006, Kevin Mark <[EMAIL PROTECTED]> 
wrote:

> -----BEGIN PGP SIGNED MESSAGE-----
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> 
> On Thu, Mar 16, 2006 at 08:17:53PM -0500, Jim Henry wrote:
>> Well spoken. I disagree with your goal, but you elucidate it 
>> well. I've said
>> many times that I disagree with Whitacre's stated intentions as 
>> what will
>> surely turn out to be a lousy business strategy.  However, I 
>> agree with his
>> (company's) right to operate their network as he sees fit.
>>  Jim
> <much snipped>
> Hi Jim,
> so you as an individual belived that under no circumstance a 
> public
> company can become a common carrier? The Supreme Court seems do 
> differ.
> Here is a quote from a Chief Justice(you can google for more 
> info):
> "Looking, then, to the common law, from whence came the right 
> which the
> Constitiution protects, we find that when private property is 
> "affected
> with a public interest, it ceases to be juris privati only."...
> So your contension is that the infrastruture of the internet has 
> no
> interest to the public? or to most businesses in the US? cheers,
> Kev
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