Fred, your commentary on the written statutory and agency aspects of the events 
is admirably good and clear. 

However, we philosophically disagree vehemently, apparently, on the conclusions 
or judgements you make about things.  

I disagree almost entirely about the need or value of "utilities" as 
monopolies, or extremely regulated agents of government want and policy.   I 
believe these have hurt us as a nation immensely.  



++++++++++++++++++++++++++++++
Neofast, Inc, Making internet easy
541-969-8200  509-386-4589
++++++++++++++++++++++++++++++


From: Fred Goldstein 
Sent: Thursday, December 23, 2010 12:06 PM
To: WISPA General List 
Subject: Re: [WISPA] Flexible rules promised for wireless


At 12/23/2010 02:19 PM, MDK wrote:

  That was the camel's nose in the tent, so to speak.  
   
  NN and content regulation is merely some more of the camel through the door 
and in the tent with you.  
   
  Rate or price controls, coverage requirements, bandwidth specifications, and 
so on would be the rest of the camel in the tent.  
   
  At that point, you don't control your own network, prices, or service.   You 
merely manage a utility that's either going to be the surviving monopoly or go 
under, as the regulators continue to raise your costs by demanding more from 
you, while regulating your revenues.   


Actually, regulated utilities are a good thing.  That's the point of there 
being a utility:  It provides a necessary service to the public whose value is 
largely external to the utility itself, and which is not normally competitive.  
Hence it is usually regulated in a manner that ensures a fair profit for 
investors, while protecting consumers against price gouges.  These are usually 
safe investments, so called "widows and orphans" stocks.

However, it's necessary to define what is and what isn't a utility.  Telephone 
companies are traditionally treated as utilities, though they no longer wish to 
be, except when it convenes them.  ISP, in contrast, were created as the 
customers of the telephone utility, protected *from* misbehavior *by* the 
utility by regulation.  The lifting of that utility-like rule -- in particular, 
Computer II -- led to the neutrality kerfuffle.

Regulating ISPs per se *as* utilities, while popular among those who, for 
instance, created that silly mock tiered-service flyer in 2006, is a different 
issue.  ISPs are being used as substitutes for utilities, because the Bells 
offer ISP services and have withdrawn their utility services.  That does not 
argue against regulation of all utilities; it argues for maintaining a 
distinction between utility and customer.

Because the FCC failed again to cite the Title II common carrier function as a 
basis for its rules, and maintains an artificial integration of content and 
carriage when the content is an ISP, its new regulations are likely to be 
voided.  If they had cited a Title II function, it would have been unlikely to 
impact WISPs, who have never been Title II carriers.



  If you don't think they'll do that, please research "obamacare" where in a 
short period of time, insurers are allowed to:   Sign people up.   They will 
not be able to set their own rates, design their own product, or benefit from 
efficient operations - as required ratio of incoming to outgoing dollars is 
specified.    
   
  I'll bet some of you even thought it was a good idea at the time, as long as 
it's not YOUR business.  
   
   
   
  ++++++++++++++++++++++++++++++
  Neofast, Inc, Making internet easy
  541-969-8200  509-386-4589
  ++++++++++++++++++++++++++++++

  From: RickG 
  Sent: Thursday, December 23, 2010 8:58 AM
  To: WISPA General List 
  Subject: Re: [WISPA] Flexible rules promised for wireless

  Yes, by the fact that a private person doing business is forced to report 
anything to the government is wrong. It breaks the trues spirit of capitalism & 
freedom that this country was founded upon. Sorry to sound extreme but what 
will they force us to do next?

  On Thu, Dec 23, 2010 at 9:11 AM, Mike Hammett <wispawirel...@ics-il.net > 
wrote:

    I don't think form 477 has anything to do with breaking anything. 



-----

Mike Hammett

Intelligent Computing Solutions

http://www.ics-il.com



    On 12/22/2010 12:44 AM, RickG wrote: 

      The first step to breaking the net was form 477.


      On Tue, Dec 21, 2010 at 1:57 PM, MDK <rea...@muddyfrogwater.us > wrote:



        The whole problem was creating monopolies in the first place, and then

        pretending you can "fix" what you broke by half-baked notions of 
government

        created markets...


        There is NOTHING broke about 'internet' because it hasn't been 
regulated.


        Your issue is nothing but a complaint about the results of what should 
never

        have been done in the first place.




        ++++++++++++++++++++++++++++++

        Neofast, Inc, Making internet easy

        541-969-8200  509-386-4589

        ++++++++++++++++++++++++++++++


        --------------------------------------------------

        From: "Fred Goldstein" <fgoldst...@ionary.com >

        Sent: Monday, December 20, 2010 6:56 PM

        To: "WISPA General List" <wireless@wispa.org> 


        Subject: Re: [WISPA] Flexible rules promised for wireless


        > Well, no, what IS PROFOUNDLY BROKEN is that the ILECs are no longer

        > required to be common carriers.  They built their network using

        > common carrier privileges.  They got their market share using common

        > carrier privileges.  And then they turned  around and got their

        > common carrier obligations lifted by the profoundly corrupt

        > Cheney-Rove FCC.  So now they control the content on their wires, and

        > you can't lease them.  That's just wrong.  And the Genachowski FCC

        > isn't doing squat about that, though they absolutely have the power

        > to do so.  We do need a national common carrier utility.  There is a

        > clear distinction between carriage and content. ISPs are content, not

        > carriage.  And WISPs are self-provisioned ISPs who deliver content

        > over unlicensed facilities without using a carrier, and without being 
one. 


        >

        >

        >  --

        >  Fred Goldstein    k1io   fgoldstein "at" ionary.com

        >  ionary Consulting              http://www.ionary.com/

        >  +1 617 795 2701

        >

        >

        >

        > 
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      -RickG 






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  -RickG


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 ionary Consulting                http://www.ionary.com/ 
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