On Fri, 26 Jan 2007 10:15:04 -0800, Forbes Mercy wrote
> So I was a bit curious as to who this Center for Public Integrity 
> (CPI) was and who funded them and what their intent was.   I looked 
> them up and gave the guy a call that is in charge of the lawsuit for 
> CPI against the FCC.  We had a long chat and he referred me to their 
> website and what they are trying to do:  
http://www.publicintegrity.org/telecom/
> 
> Basically, according to the director of this project, they are 
> trying to mirror the other media provider information by providing a 
> list by zip code of who gives service in an area.   We discussed how 
> inaccurate the list is for say cable where my town supposedly has 
> five cable providers when in fact we have two and only one by the 
> zip code I searched.   I then asked if that is all the information 
> they want from the FCC Form 477.  He said "Yes all we really want is 
> the provider name".  So I asked why his FOI and lawsuit states ALL 
> data provided in the Form 477.  I explained that our competition 
> already has enough of an advantage but if they had their hands on 
> the number of customers, their speeds, etc. by zip code they would 
> know where to spend money to go after us specifically.  Essentially 
> telling our competition everything about us without even the tease 
> of an offer to by protected by an non disclosure agreement (NDA).  I 
> think even Telco and Cable agree with us on this potential which is 
> why they have joined with the FCC opposing the full disclosure request.
> 
> His answer (CPI) was that they don't expect to get the whole 
> database and in the end will likely compromise for just the names.   
> I told him I have no problem giving my name or having the FCC do 
> that but why ask for everything, I said, "it demonstrates intent to 
> disclose so much more" that could damage us.   He said he knows that 
> but it was their decision to start there and work back to what they 
> want.  I explained how when you negotiate you don't ask for, let's 
> say buying a car, for $2000 off when you only want $500 off.   By 
> doing so the salesman, in this case the FCC, has no motivation to 
> work with you because you made an unreasonable request.  Why not 
> just file the Freedom of Information (FOI) request for just the 
> provider names?  He said, "it's nice to hear a grass roots provider 
> view but we felt this was the best bargaining method".  He made 
> clear they are not funded by a Corporation and are certainly not 
> trying to help anyone but consumers.
> 
> I see one of two motivations for this: 1) They are being pushed by 
> their attorney to go too far which sounds about right for a lawyer 
> who knows he/they will get a lot more money for drawing out 
> negotiations when he could just make a reasonable request or, 2) CPI 
> feels they will get more donors and media attention by being able to 
> make the claim they are trying to protect the public in a big media 
> splash saying we just want their names while really asking for the 
> whole cake.   They are a DC organization so you can never really 
> trust their intent.
> 
> Forbes Mercy 
> President - Washington Broadband, Inc.
> www.wabroadband.com
> 

I tried emailing them, but they don't respond to emails that say "I don't 
like what you're trying to do, why are you doing this?"

It's harder to turn away a phone call, I guess. 

Did you suggest to any of them that they ask US for information or try 
negotiating with trade groups for info? 

Mark


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