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To: larry who wrote (10402)6/5/1999 1:51:00 AM
From: ahhaha  Read Replies (1) | Respond to of 29970
 
I think you should go back and read what Judge Panner ruled:

loc cit

Panner did not specifically address the merits of open access as a policy, however.

"The issue is whether the city and county have the power to require access to the cable modem platform as a condition of approving AT&T's takeover of the cable franchises. To resolve the legal issue, I don't need to consider whether the open access requirement is good policy," he wrote. "I conclude that the open access requirement is within the authority of the city and county to protect competition."


A local decision like this supersedes any FCC remedy. The domain or purview of the FCC does not extend to include overruling contractual rights of franchise agreements. Thus if T wishes to exclude, they can't because that isn't specifically stipulated in the franchise contract and the FCC can't abrogate the terms of the contract in order to achieve some preferred outcome.



To: larry who wrote (10402)6/5/1999 8:58:00 AM
From: Boplicity  Read Replies (2) | Respond to of 29970
 
re: The same will happen here

Would you care to offer up a time frame. Try your best guess. I say year or more. Could the FCC jump in and say no way Portland?

Greg