 ptrowskiGot Helix?Premium join:2005-03-14 Putnam, CT kudos:4 | 7 years? Why only bound for 7 years? |
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 RARPSL join:1999-12-08 Suffern, NY | said by ptrowski:Why only bound for 7 years? It keeps them from using their dominant position for a period of time while allowing them to respond at the end of the ban period to any changes that have occurred with competitors whose actions are not restricted by this ban. |
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 ptrowskiGot Helix?Premium join:2005-03-14 Putnam, CT kudos:4 | Thanks, that makes sense! |
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 | reply to RARPSL the 7 years doesn't make a difference. Comcast KNOWS the FCC has NO legal power to create such a demand on them. They'll wait and let this get all approved then they'll do what they want and in return when the FCC or states try to do anything; they'll slap them into court and find out the terms of the deal are illegal and Comcast will come out a head.
Karl fails to point out the FCC has NO legal power over the Internet each and every time this comes out. |
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 | /ignore |
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| reply to hottboiinnc
Re: 7 years? Karl fails to point out the FCC has NO legal power over the Internet each and every time this comes out. Right. Like here, where I say it's not clear they even have the authority to enforce these rules. That much has been very clear since they lost the court case to Comcast.
Note though the FCC claims they believe they have the right to promote and protect service competition over networks under Section 706 of the Telecommunications Act of 1996.
While that claim will be tested in the courts, merger condition requirements agreed to by Comcast do not exist on the same legal playing field as the FCC's neutrality rules. |
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 | reply to Jim Kirk no its not about ignoring my post. It's true. The FCC has NO legal power over the Internet. They know that and so do users on this site. But people like YOU fail to realize that and always want them to create "regulation and law" on things they can NOT. That's the whole issue and problems. The FCC has NO real power on ANYTHING except the public airwaves. That was why they were created and that is their mission and fuction. To protect the Pubic Airwaves and that is IT. NOT cable TV. Why, if it does NOt transmit on the Public Airwaves, the FCC can NOT regulate let alone stick their nose some where it does NOT belong. |
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 | reply to Karl Bode (mod note: edited, complaining about moderation is against forum rules)
And it is CLEAR. The FCC's guidelines start AIRWAVE; RADO and Telephone. NOT Internet. The Courts have ruled- thus making the FCC "conditions and any rules" they decide to create for the Internet null. They are NOT enforceable. The Courts have ruled OVER and OVER again agreeing with ISPs and their parent companies. |
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 | Merger conditions agreed to by involved corporations absolutely are enforceable. |
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 | actually not. they are just as what they say "conditions" they are not enforceable. ANY company that agrees to any of them can get out of them. Especially when gone to court. And when the FCC sets those that are NOT legal and are null; are just that. NOT enforceable from the start.
Not to be mean or anything; but a few law classes wouldn't hurt. |
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2 edits | Again, you're wrong. You've confused the FCC's tenuous legal footing in terms of enforcing neutrality rules or other new rules or requirements on deregulated ISPs -- with their enforcement authority over agreed-to merger conditions. Because some specific types of conditions can be challenged does not magically equate to "the FCC has no authority to do absolutely anything," and the FTC can step in where needed. I can get a few sector lawyers to join this thread and discuss this if you would like... |
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 | Right. If enforceable, the FTC rather than the FCC is the regulatory body that can enforce the merger rules. The FCC was toothless in enforcing the Telecom act of 1996.
At the end of the day all of this eventually will end up in court. |
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 | Yes, it all will if the conditions wind up being significant. But frankly I think the FCC conditions will likely be intentionally weak, and won't cover anything Comcast isn't prepared to do voluntarily. |
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 | again; those conditions will have NO power. Weak? LMAO! NO POWER. even you just admited the FCC has no power to enforce condtions. LOL. Talk about double standards. |
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 | reply to Karl Bode you can bring them in all you want. The fact is that regardless conditions can be footed around and the courts can deam them usless and null just like any contract. And again; the FCC only HAS legal power over the airwaves and very iffy when bringing in the telephone. YOU need to do more than rely on your "sector" lawyers. Oh and by the way; you do know what a lawyer is correct? A Lawyer is NOT someone who pratices Law, thus does not always have the knowledge. and like i said; take a few law classes.
and i did NOT say anything about no power. i said their power is limited. YOU need to stop putting words in peoples posts that were NOT said.
The fact is; they can issue conditions all they want; the fact is; they're still able to be challeged at a later date by the Comcast and the courts. Why? The FCC has NO legal power when it comes to mergers. They're job is to PROTECT airwaves from interference. NOT approve Comcast taking over NBC. |
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3 edits | said by you :i did NOT say anything about no power said by you :the FCC has NO legal power said by you :The FCC has NO legal power when it comes to mergers. Stilll wrong, and now inconsistent and wrong. And I asked a lawyer in telecom for confirmation, and he agrees:The FCC's merger authority is different from its jurisdiction. The authority derives from Section 310(d), which says the FCC will only grant a transfer of licenses when the transfer serves the public interest. If the FCC finds that there is "an issue of material fact" as to whether the merger serves the public interest, it is supposed to refer the matter to an administrative law judge for adjudication. This has happened only once in recent memory, the Echostar/DirecTV merger, and it is basically a death sentence for the merger.
However, an applicant can offer "voluntary" conditions that address the harms identified by the Commission and thus eliminate the "issue of fact" as to whether the merger is in the public interest. These conditions are incorporated into the merged entity's license. Here, it is an enforceable condition on the NBC broadcast licenses and on the CARRS licenses used by cable operators (and incorporated into any "certificates of convenience" Comcast may have as a telephone operator). Because these are now license conditions, they are enforceable separately from any FCC authority to issue a general rule.
there was a case some time back involving merger conditions when SBC bought Ameritech. Parties subsequently argued that the condition should be unenforceable because the FCC had no authority to issue a rule on the matter. The DC Cir held that it dodn't matter if the FCC had authority because the merging parties had agreed voluntarily to incorporate the conditions into their license (technically, a certificate of public convenience and necessity) and the parties were therefore bound by the separate requirement to obey the terms of their license. Hope this helps. |
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