Did you file an ex parte in regards to this email? Meaning, is it on record
that you sent him this email. Any correspondence whether by phone, email,
fax or in person should be documented if you want it to be part of public

Frank Muto
Co-founder -  Washington Bureau for ISP Advocacy - WBIA
Telecom Summit Ad Hoc Committee

----- Original Message ----- 
From: "Forbes Mercy" <[EMAIL PROTECTED]>
To: "WISPA General List" <>
Sent: Friday, September 30, 2005 5:47 PM
Subject: [WISPA] Email I sent to FCC

> Here is an email I sent to Steve Garner who was responsible largely for
> making Cable an Information service.
> Steve,
> I really have to ask a simple question.  Did you classify the Cable
> Industry (then backed up by the US Supreme Court) as an Information
> service because they don't sell a utility?  The day it was passed I
> looked on Charter Cable and Qwest Communications web sites.  They
> offered almost exactly the same thing.   I often wonder how the cable
> and phone industry gets the FCC to pass so many rulings that are not in
> the public interest.  I know you guys don't take bribes so what
> justifies these actions?  Is it because they park their lobbyist on your
> doorstep?  Do the Independent providers need to be more active than to
> just send comments?   I'm just curious, the cable company in Washington
> State won't even let us advertise on their network.  They let Dish,
> Direct, AOL and Earthlink advertise.  Their lawyer came to my office and
> with a cocky laugh said "we've put plenty of small Internet Providers
> out of business when they decide to challenge us in court, we just tie
> them up until their broke".  Ouch!
> Our company uses the insult 1 Watt maximum in 2.4 and 5.8 and still
> provide High Speed to 700 wireless customers.  If you watch the stock of
> our cable company Charter started at over $25 and is now $1 with only a
> $210 M market cap left, in other words they are almost broke so now
> their "rural" customers are paying near $50 for broadband while we still
> charge $39.  I hope and pray that some day the FCC will not just pamper
> to whatever cable and the telco's want because the way your agency is
> headed we'll be back to almost no competition soon.   Think about it, if
> AT&T was still the only provider we wouldn't have the Internet.  They
> would have never allowed a network on their system that would allow
> people to provide their own service.  Thank god for small business and
> shame on the FCC for aiding corporate greed.
> Forbes Mercy
> President - Northwest Info Net, Inc. (
> CEO - Washington Broadband, Inc. (
> phone: 509-853-0852
> fax: 509-853-0856
> -- 
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