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To: gpowell who wrote (11582)	6/21/1999 10:49:00 PM
From: DZOO	Read Replies (1) \| Respond to of 29970

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To: gpowell who wrote (11582)	6/22/1999 2:09:00 AM
From: ahhaha	Respond to of 29970

The distinctions are many. The main ones are method of delivery and materials delivered. Like other distinct industries these two overlap in distinction and separation. Cable and Internet are not of the same category. Cable is separate from copper. The private status is not a factor deciding distinction and separation. Assumptions do not have validity or invalidity. They are taken as true. They may be true or false. Trust has nothing to do with it. It is economic law that companies operating without competition eventually go down the drain and take everyone who has become dependent with them. Thus, no Sherman Anti-Trust laws were ever necessary. They were created to destroy concentration of power which eventually would destroy the concentrators, but more importantly, the rest of the country too. When it was recognized that natural forces within the dynamic of the market would destroy concentrators faster than laws, the trust laws were suspended, repealed, or re-written. The Sherman laws tended to achieve the opposite of their intent and demonstrated that market interference on any basis is unwise. In this case the wise action for the FCC is to stay out. Communities can do what they will. So what? They are free to choose and companies are free to deny them if it isn't in their interest to supply what the communities choose. Maybe Portland is better served with copper instead of cable. Should there not be a test bed for what copper can do? Maybe it is better than cable. We can't discover that if groups don't try that technology in scale. That means Portland has every right to stipulate that if Att wants to deliver BB over TCI they have to provide a free ride to everyone including Maui.net. Similarly, Att has the right to deny the delivery of BB. Portland also has the right to force Att to sell the TCI cable tv system to Portland, but they don't have the right to force Att to sell it to someone else. Portland has this right because it is an extension of an interpretation of anti-trust laws. This is a check against surreptitious expediential aggregation of power.