Re:Congress is going to throw the kitchen sink at big tech
by rektide on Friday June 11, 2021 @03:22PM
(#27477406)
Common carrier laws established in the 1996 Telecommunications Act were doing a good job insuring that ISPs were competitive, by requiring regulated, bulk wholesale access to local loop elements to competitive (non-incumbent) carriers. Most cities in the US had a wide variety of DSL options, which was possible because of this common carrier system.
Things were kind of going ok with that!
That all got royally hosed when pro-big-business Supreme Court activism sided with Verizon's stance that they Verizon should have monopoly rights to fiber, in Verizon vs FCC (2002). Now suddenly telecomms could go back to their nasty old ways, which they have.
It was done while everyone was looking, and it was explicitly authorized because the market had changed.
Wireless had proliferated, and the value add segment of the vertical had moved (from circuit-switched lines and long distance) to the Internet, where (pre-Time Warner merger in laughably late 2016) ATT didn't compete.
There's also the two other surviving "small" clumps of Bells called Verizon (Bell Atlantic, NYNEX + GTE) & Lumen (US West + Qwest + CenturyLink).
If we want to gripe about the current state of the US ISP market, post-ATT re-mergers shouldn't be top of mind. Exclusive franchise agreements, lack of common and accessible conduit / poles, lack of community-funded competitors, and bundling are above it.
Even a hypothetical worst-current-case scenario where 3+ of the majors ATT, Verizon, CenturyLink, Comcast, & Spectrum were offered at every house, because they all had access to each other's last-mile at non-discriminatory rates would solve current issues.