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Comment by binarymax | Hacker News Reader

The ruling makes sense. FCC is about federal regulations, and municipal broadband is about local law. If a city wants to build its own infrastructure, then it should challenge those laws itself, not through a federal proxy.

However, since the FCC controls the airwaves, I could see localities getting started by using a wireless mesh with their help, and then once established branch into fiber.

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"The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the commission is the United States' primary authority for communications laws, regulation and technological innovation."

Exactly what part of that means the FCC has no place in regulating internet access?

> I could see localities getting started by using a wireless mesh with their help

That would be illegal in NC, the law the FCC was challenging explicitly states "it is against the public policy of this State for any unit, department, or agency of the State, or any division or subdivision of a unit, department, or agency of the State to engage directly or indirectly in the sale of goods, wares or merchandise in competition with citizens of the State and Whereas, to protect jobs and to promote investment, it is necessary to ensure that the State does not indirectly subsidize competition with private industry through actions by cities and to ensure that where there is competition between the private sector and the State, directly or through its subdivisions, it exists under a framework that does not discourage private investment and job creation"

The fact that Time Warner wrote the law and got it passed would be hilarious if it wasn't so disgusting.

There are states that have that type of law far before Time Warner. The original purpose was to keep corrupt politicians from using the power of the state to destroy opponents. Some states actually have specific businesses the state can engage in their constitutions.

Allowing a business owned by someone who can regulate / inspect every competitor out of business isn't seen as very fair.

That's irrelevant since we are specifically talking about the NC law.

The NC law was very specifically targeted at municipal broadband projects and was effectively written by Time Warner to prevent underserved customers from having another option. It's as simple as that and it's disgusting.

Time Warner didn't pass the law. A legislature passed it and a governor signed it. Looking at the part you quoted, other states have passed similar wording (which doesn't have words targeting a specific industry) and considered it good governance to keep the state from competing with their citizens. Unless you believe Time Warner bribed half the legislature and the governor, its very relevant to know why the politicians found the wording acceptable.

Why the found the wording acceptable? Its called lobbying. And the poster before you said that Time Warner wrote it. Not that they passed it and signed it. The state wouldn't be competing with its citizens. The municipality they live in would be.

The municipality is a unit created by the state government, and states have passed these laws to keep governments under them in check.

So, you believe that Time Warner was able to influence half the legislature with lobbying? Is there some reporting on what they offered?

Seems like the principals of a municipal corporation could easily form a shadow corporation for the specific purpose of providing communications infrastructure within a specific municipality/county and any necessary backhaul, then issue one voting share to each resident, and non-voting, dividend-granting, preferred stock to the municipality.

Then the residents-of-the-city can vote for the city-as-municipal-corporation to grant that privately-owned, non-municipal corporation the sweetheart local monopoly deal that Time Warner was hoping to force upon them.

It isn't quite as disgusting as failing to provide biologically sterile and non-toxic drinking water to your utility customers, but quality network access is still important economically.

> easily form a shadow corporation

That would be indirectly competing and illegal.

You're going to have to explain your reasoning to me.

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