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To: Frank A. Coluccio who wrote (5476)	2/17/1999 2:39:00 PM
From: Jay Lowe	Respond to of 29970

>> Disintegration is the unavoidable price one pays for being very successful They haven't even started and already they're disintegrating. Sheesh. This is getting too weird. Here we see the internet principle of "anticipatory success" of "virtual businesses" carried to a new level. Go take a nap, Jay.

To: Frank A. Coluccio who wrote (5476)	2/17/1999 3:10:00 PM
From: ahhaha	Read Replies (2) \| Respond to of 29970

There is no question that the realization of success invites its co-option. The poor always steal from the rich but the relation is not symmetric. There is plenty of questions about MSOs receiving common carrier status. That didn't happen under TV or did it? What form of status are we talking about here? System or programming? Cable is a new market and eminent domain may not be constitutionally applicable. Once the nascent cable market has reached sufficient mass, say in 5 years, it may be a different matter. For now it is actually a non-issue as groups like Opennet which is only a lobby devoted to the operators special interests, will carry no punch with local communities. The only issue that pulls the MSOs into common carrier is the co-carry of IP telephony. By precedent it is a lock that it will be so designated, but the precedence can be suspended by the FCC because the Supreme Court through its recent ruling has given the FCC broad powers including such a suspension. Indeed, it is the intent of the court that broadband be provided special consideration in order for it to be implemented. The court has recognized that expediency can bring about the universal good, and in this case, since it leans on the workings of a free market, it will work out swimmingly well. It may be necessary for the FCC to rule that cable telephony resides under the auspices of cable broadband and simultaneously declare cable to be a protected specie. The government does that with birds, don't they? There is also the undeniable fact that cable telephony effectively busts the stonewalling of RBOCs wrt their local market and if the intent of Congress is followed and the Congress doesn't undermine this item of its agenda, the default circumstance becomes cable supported local to long. The RBOCs must then scramble to position themselves in whatever technology they think best including DSL. This builds the firewall between the FCC and Opennet. I hope it is becoming ever more clear that the added value lies in pulling your own last mile Pure.