I am sure WISPA has a membership fee. As for the announcement, it was just
that, an announcement. Surely even you can understand that any other
information would not be a strategic move. I actually wanted to announce
earlier but felt the ISP-CEO Exchange was better time slot.

I'll stick with my statement on what others have done in the past. As for
Brand-X, a lot of people learned from that, but it was not about what we
(had) a right to and that was access to the last mile from the copper.

As for Bruce, yes there are something's that were not of interest for the
ISP. As a former Dialup provider, I was not interested in local or LD
services, but access to expand our service to Broadband. And yes Bruce has a
wealth of information that may prove beneficial and perhaps he can
potentially benefit. But as Bruce has told me, he has pitched it to many law
firms with no takers. The WBIA on the other hand has counsel.

Thanks for the history overview, but I am sure that counsel is aware of
other
litigation and I'm sure fully aware of how many wrong decisions have
effected the competitive service providers.

That said, there is a lot of work ahead and for those I have spoken with are
not willing to give up and just lay down.



Frank Muto
Co-founder -  Washington Bureau for ISP Advocacy - WBIA
Telecom Summit Ad Hoc Committee
http://gigabytemarch.blog.com/     www.wbia.us







----- Original Message ----- From: "Peter R." <[EMAIL PROTECTED]>


Frank,

In the same day as your post on WISPA, you are asking if anyone is filing
comments to the BST-AT&T merger on other lists.  Surely, your supporters
will at least take 5 minutes to write a comment. No? Why not?
Because it is easier to say I support something verbally than to actually
do something.

It is free to join WISPA, yet only 71 have listed their names / signed up.

II4A hired 2 lobbyists to write 7 template letters each, so that the 14
templates would sound and look different.
Just download, sign and fax to your Congress Critter. How many people
downloaded them? Less than 15.

At ISP-CEO, you could not concisely explain what the lawsuit purpose or
goal was. (Maybe you announced too early).
Then when pushed you said: Physical Separation.

As PA has been the only state to ever consider such a notion, perhaps
viewing the outcome in that state would be appropriate. (Remember that PA
let VZ have final approval of all muni BB projects, by law).

Bruce Kushnick at TeleTruth has reams of documents. Piles of data.
Probably a smoking gun. Yet you poo-poo his attempts.

I was one of the early birds to see that Brand-X was a Pandora's Box.
There was no victory possible.
Recall last April, many legal and industry experts were betting that we
would win Brand-X.

Part of me worries that the lawsuit will render all ISPs obsolete.
Especially without a roadmap. And part of planning is to learn from others
mistakes, not state: "Past experiences of others, especially those of
impotent state PUC's do not interest me, times are different and so are
the issues."

Cynthia has been pounding the halls of the Hill doing a great job.
However, during this past year, this industry has been on the receiving
end of some serious setbacks.  Advocate. Lobbyist. The game is called
Politics.  It is played at a truly high level in DC with billions of
dollars up for grabs. It's like playing Texas Hold-em with a handful of
chips.

A little Anti-Trust history. The US vs. GE anti-trust case was dismissed
after 9 years. "Assistant Attorney General in charge of the department's
antitrust division, said the case had been dismissed because the passage
of time had reduced the significance of the case and any court order the
Government might win."

Microsoft had over 130 private anti-trust suits filed against it. Did
anyone win one?
The US vs. MS lasted 5 years.
Covad filed against VZ, but that was just a bargaining move.
Covad is still suing BST, filed in 2002.
NorthPoint tried to sue VZ for $4B in anti-trust, but settled for a 5%
ownership.
Sun has been suing Microsoft.
SCO is suing IBM.
Do you see the pattern here? Lots of big cases that take lots of time,
energy, effort and money. And the only winners are the lawyers.

I say expend the energy building a business based on Layer 1 or Layer 7.

Regards,

Peter

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