From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: from mail-pj1-x102f.google.com (mail-pj1-x102f.google.com [IPv6:2607:f8b0:4864:20::102f]) (using TLSv1.2 with cipher ECDHE-RSA-AES128-GCM-SHA256 (128/128 bits)) (No client certificate requested) by lists.bufferbloat.net (Postfix) with ESMTPS id AF9C13B2A4 for ; Wed, 15 Nov 2023 07:37:49 -0500 (EST) Received: by mail-pj1-x102f.google.com with SMTP id 98e67ed59e1d1-2802c41b716so393401a91.1 for ; Wed, 15 Nov 2023 04:37:49 -0800 (PST) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=gmail.com; s=20230601; t=1700051868; x=1700656668; darn=lists.bufferbloat.net; h=to:subject:message-id:date:from:in-reply-to:references:mime-version :from:to:cc:subject:date:message-id:reply-to; bh=pOhBboNxv0Pf5CPdqrZtY/COp/9A/K2rxkN4arhB+Dk=; b=j419+JuGI8p9eE91K49rHVxi9QlRCOsbVUdjEi0dTLQaIWKQbz8HGfeE6TP1vjmamc C7dCxh/HcHUcjyKwlJAjcU/UDShdMbvzTLP3PJ5bGfIU0jIuLH1MDvQH5QLLsy9gIGqs 7ObZ6f7XVNp+qD+RVdLnfCIaUOeIkkUOF6/0+oLXwsrGBfZjkYoTZkacNWPiul9dIp1n mbjhA53GCW0N9sETR2WgXXyI/VYuozvtLPJ1x9fIw2TlnfJGS/dDEit4j9d9frNf0lFa n9FR7PyhMnT1eca5zAfG2zhakXrzobPY8EkLQc/wVPT0oNodkTcydAsJcutGCZOeNYLH zj/w== X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=1e100.net; s=20230601; t=1700051868; x=1700656668; h=to:subject:message-id:date:from:in-reply-to:references:mime-version :x-gm-message-state:from:to:cc:subject:date:message-id:reply-to; bh=pOhBboNxv0Pf5CPdqrZtY/COp/9A/K2rxkN4arhB+Dk=; b=HQO5I7uk368bntEXVfpF2sxw+DZdKvSRr9x8lFUqUOvNl/CsoJLwWVJy0CeIk0dqyE shVnBajVp0ORBPJWtWT7Sjcd8mX/M+sgmCIWkhv8nkW0TLAUWlxKMp4vFcKEkuOFstTG MbTatyUyRHw48n5XWQGEqDAtvUGvElCq04rS0io+8bIrj36JAlLshzkRaZROlxunlgiS xwGQB8OJ5vWQwrc+kBI4KOFXEJoXv+YLbTiB5+9wGQwxjkeUxFTsJgYl9Qa16+ZNdlBS hrEMthYYTMqNEhXcisceteBviDWVnBkQnnVWMYxJPJ5Wbxsi+3x9iCAZAicIpoz1kX1S Hvpg== X-Gm-Message-State: AOJu0YzfmrA9NstK4DNnOZm/2T7NX7fFynAknoiIPuJLeIVYKBaZQEC5 GIqftll4jFvphrTmTjSbTK5oIpBhsRBvTH7qCHug6HbRJH4= X-Google-Smtp-Source: AGHT+IFb7+zQOuVdg3KQSb3drZxtNR2w2PMHdZmsY7Pg/ziIEEz4UMBKAZDJOsvya03mVx+VlaziDY32q9oauWzHxCA= X-Received: by 2002:a17:90b:4a0f:b0:283:551b:bd95 with SMTP id kk15-20020a17090b4a0f00b00283551bbd95mr7476761pjb.13.1700051868034; Wed, 15 Nov 2023 04:37:48 -0800 (PST) MIME-Version: 1.0 References: <49312101.17188.0@wordpress.com> In-Reply-To: <49312101.17188.0@wordpress.com> From: Dave Taht Date: Wed, 15 Nov 2023 07:37:34 -0500 Message-ID: To: =?UTF-8?Q?Network_Neutrality_is_back=21_Let=C2=B4s_make_the_technical_asp?= =?UTF-8?Q?ects_heard_this_time=21?= Content-Type: multipart/alternative; boundary="000000000000b1ad7f060a302b06" Subject: [NNagain] Fwd: [New post] Is Carrier of Last Resort Dead? X-BeenThere: nnagain@lists.bufferbloat.net X-Mailman-Version: 2.1.20 Precedence: list List-Id: =?utf-8?q?Network_Neutrality_is_back!_Let=C2=B4s_make_the_technical_aspects_heard_this_time!?= List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Wed, 15 Nov 2023 12:37:50 -0000 --000000000000b1ad7f060a302b06 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable I subscribe to this fella's blog although primarily to attempt to disagree constructively in the chat section. This piece, tho... well, what do y'all think? https://potsandpansbyccg.com/ ---------- Forwarded message --------- From: POTs and PANs Date: Wed, Nov 15, 2023 at 7:32=E2=80=AFAM Subject: [New post] Is Carrier of Last Resort Dead? To: [image: Site logo image] Doug Dawson, CCG Consulting posted: "The concept of common carrier stretches back to the 14th century in English law, where businesses were granted the exclusive right to be in business as long as they were willing to serve everybody. The term common carrier came into use to describe the obl" POTs and PANs Is Carrier of Last Resort Dead? Doug Dawson, CCG Consulting Nov 15 The concept of common carrier stretches back to the 14th century in English law, where businesses were granted the exclusive right to be in business as long as they were willing to serve everybody. The term common carrier came into use to describe the obligation of businesses like coaches, ferries, etc. that were required to serve anybody who asked to be transported. The concept was carried over to businesses that were given a franchise to serve a local area, and businesses like blacksmiths and innkeepers were required to serve anybody who wanted service. This concept still applies to businesses today, like railroads, which are not allowed to selectively refuse to carry freight. Carrier of last resort (COLR) is a version of common carriage that has been applied to businesses that operate large networks like telephone companies, electric companies, water companies, and gas companies. Federal or State rules have always required such businesses to serve anybody inside of the franchise area who requests service. In exchange for being granted a franchise area, COLR for telephone companies has always come with specific obligations. A COLR is expected to serve everybody in the franchise area, even if that means extending facilities. A COLR needs regulatory approval to withdraw from serving customers. A COLR is expected to operate the business with care, skill, and honesty and to charge fair and reasonable prices. The concept of carrier of last resort for telephone companies started to weaken with the passage of the Telecommunications Act of 1996. This Act allowed for local telephone competition, and some legislators or regulators granted relief for telephone companies from some of the carrier of last resort obligations. For example, some states have eliminated COLR obligations as part of deregulation. Some regulators have eliminated most COLR obligations for specific telephone companies for the same reason. But even in most cases where the COLR obligations have been weakened, regulators still usually require a telco to ask for permission to withdraw from a market. While some COLR obligations were weakened, others were expanded. For example, some states have required CLECs (competitive telephone companies) to accept COLR obligations in exchange for participating in subsidy programs. Cities have often only agreed to give a franchise agreement to CLEC or ISP that agrees to serve everybody. In many cases, this obligation is no longer explicitly called COLR, but uses terms like =E2=80=9Cduty to s= erve=E2=80=9D or =E2=80=9Cobligation to serve=E2=80=9D but refers to obligations similar to = COLR. The COLR issue has come to the forefront for broadband because of broadband grants and subsidies. Some state and local broadband grants have included an obligation to serve everybody in a grant area. The largest subsidy program to require 100% coverage is the Rural Digital Opportunity Fund (RDOF). ISPs that accept this funding are expected to offer service to 100% of homes and businesses in the covered Census blocks by the end of the six-year deployment period. It=E2=80=99s not entirely clear if the upcoming= BEAD grants will require 100% coverage, and that final determination will likely be included in each State=E2=80=99s final grant rules. Is the agreement to serve customers that is obligated through a grant or subsidy program the same as a carrier of last resort obligation? I expect not. For example, will an RDOF winner be expected in the future to extend the network to newly constructed homes? There are clearly going to be households in RDOF areas that are not offered service. For example, many of the RDOF winners use fixed wireless technology, and there are always homes in any area that can=E2=80=99t be re= ached with the technology for some reason. In hilly and heavily wooded areas, this might be a large percentage of households. Does a home that is not covered by RDOF have a reasonable remedy to get service? In the past, a customer could complain to State regulators if a telco was refusing to serve them. It=E2=80=99s hard to imagine an individua= l homeowner opening an expensive and complicated FCC proceeding to complain about being missed by RFOF. Technology is also creating havoc in rural areas for traditional telephone company obligations. When I was recently upgrading my cellphone in an AT&T store, I overheard the AT&T representative tell a customer that they would soon be losing their telephone copper and would be moved to FWA cellular wireless. My county is extremely hilly and wooded, and there is a major lack of rural cell towers. There is a good chance that this customer is not within reach of the offered cellular broadband. It sounds like the end of carrier of last resort obligations if a telco can cut the copper wires and move customers to a cellular service that doesn=E2=80=99t work at their hom= e. In circling back to the question asked at the beginning of this blog, are there many places left where a regulator will step in and demand that an ISP built infrastructure to reach an unserved household? I think the chances of that happening are getting increasingly remote. Comment ------------------------------ Manage your email settings or unsubscribe. Trouble clicking? Copy and paste this URL into your browser: https://potsandpansbyccg.com/2023/11/15/is-carrier-of-last-resort-dead/ [image: WordPress.com and Jetpack Logos] Get the Jetpack app to use Reader anywhere, anytime Follow your favorite sites, save posts to read later, and get real-time notifications for likes and comments. [image: Download Jetpack on Google Play] [image: Download Jetpack from the App Store] [image: WordPress.com on Twitter] [im= age: WordPress.com on Facebook] [image: WordPress.com on Instagram] [image: WordPress.com on YouTube] [image: WordPress.com Logo and Wordmark title=3D] Automattic, Inc. - 60 29th St. #343, San Francisco, CA 94110 --=20 :( My old R&D campus is up for sale: https://tinyurl.com/yurtlab Dave T=C3=A4ht CSO, LibreQos --000000000000b1ad7f060a302b06 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable
I subscribe to this fella's blog although primarily to= attempt to disagree constructively in=C2=A0the chat section. This piece, t= ho... well, what do y'all think?


=
------= ---- Forwarded message ---------
From: POTs and PANs <donotreply@wordpress.com>
Da= te: Wed, Nov 15, 2023 at 7:32=E2=80=AFAM
Subject: [New post] Is Carrier = of Last Resort Dead?
To: <dav= e.taht@gmail.com>


=09 =09
3D"Site Doug Dawson, CCG Consulting posted: "The concept of co= mmon carrier stretches back to the 14th century in English law, where busin= esses were granted the exclusive right to be in business as long as they we= re willing to serve everybody. The term common carrier came into use to des= cribe the obl" =09 =09 POTs and PANs

Is Carrier of Last Resort=C2=A0Dead?

Doug Daw= son, CCG Consulting

Nov 15

3D""The concept of common carrier stretches back to the 14th century in English law, where businesses were granted the exclus= ive right to be in business as long as they were willing to serve everybody= . The term common carrier came into use to describe the obligation of busin= esses like coaches, ferries, etc. that were required to serve anybody who a= sked to be transported. The concept was carried over to businesses that wer= e given a franchise to serve a local area, and businesses like blacksmiths = and innkeepers were required to serve anybody who wanted service. This conc= ept still applies to businesses today, like railroads, which are not allowe= d to selectively refuse to carry freight.

Carrier of last resort (COLR) is a ver= sion of common carriage that has been applied to businesses that operate la= rge networks like telephone companies, electric companies, water companies,= and gas companies. Federal or State rules have always required such busine= sses to serve anybody inside of the franchise area who requests service.

In exchange for being granted a franch= ise area, COLR for telephone companies has always come with specific obliga= tions. A COLR is expected to serve everybody in the franchise area, even if= that means extending facilities. A COLR needs regulatory approval to withd= raw from serving customers. A COLR is expected to operate the business with= care, skill, and honesty and to charge fair and reasonable prices.

The concept of carrier of last resort = for telephone companies started to weaken with the passage of the Telecommu= nications Act of 1996. This Act allowed for local telephone competition, an= d some legislators or regulators granted relief for telephone companies fro= m some of the carrier of last resort obligations. For example, some states = have eliminated COLR obligations as part of deregulation. Some regulators h= ave eliminated most COLR obligations for specific telephone companies for t= he same reason. But even in most cases where the COLR obligations have been= weakened, regulators still usually require a telco to ask for permission t= o withdraw from a market.

While some COLR obligations were weake= ned, others were expanded. For example, some states have required CLECs (co= mpetitive telephone companies) to accept COLR obligations in exchange for p= articipating in subsidy programs. Cities have often only agreed to give a f= ranchise agreement to CLEC or ISP that agrees to serve everybody. In many c= ases, this obligation is no longer explicitly called COLR, but uses terms l= ike =E2=80=9Cduty to serve=E2=80=9D or =E2=80=9Cobligation to serve=E2=80= =9D but refers to obligations similar to COLR.

The COLR issue has come to the forefro= nt for broadband because of broadband grants and subsidies. Some state and = local broadband grants have included an obligation to serve everybody in a = grant area. The largest subsidy program to require 100% coverage is the Rur= al Digital Opportunity Fund (RDOF). ISPs that accept this funding are expec= ted to offer service to 100% of homes and businesses in the covered Census = blocks by the end of the six-year deployment period. It=E2=80=99s not entir= ely clear if the upcoming BEAD grants will require 100% coverage, and that = final determination will likely be included in each State=E2=80=99s final g= rant rules.

Is the agreement to serve customers th= at is obligated through a grant or subsidy program the same as a carrier of= last resort obligation? I expect not. For example, will an RDOF winner be = expected in the future to extend the network to newly constructed homes?

There are clearly going to be househol= ds in RDOF areas that are not offered service. For example, many of the RDO= F winners use fixed wireless technology, and there are always homes in any = area that can=E2=80=99t be reached with the technology for some reason. In = hilly and heavily wooded areas, this might be a large percentage of househo= lds.

Does a home that is not covered by RDO= F have a reasonable remedy to get service? In the past, a customer could co= mplain to State regulators if a telco was refusing to serve them. It=E2=80= =99s hard to imagine an individual homeowner opening an expensive and compl= icated FCC proceeding to complain about being missed by RFOF.

Technology is also creating havoc in r= ural areas for traditional telephone company obligations. When I was recent= ly upgrading my cellphone in an AT&T store, I overheard the AT&T re= presentative tell a customer that they would soon be losing their telephone= copper and would be moved to FWA cellular wireless.=C2=A0 My county is ext= remely hilly and wooded, and there is a major lack of rural cell towers. Th= ere is a good chance that this customer is not within reach of the offered = cellular broadband. It sounds like the end of carrier of last resort obliga= tions if a telco can cut the copper wires and move customers to a cellular = service that doesn=E2=80=99t work at their home.

In circling back to the question asked= at the beginning of this blog, are there many places left where a regulato= r will step in and demand that an ISP built infrastructure to reach an unse= rved household? I think the chances of that happening are getting increasin= gly remote.
=09
=09 =09 Comment
=09 =09

Manage your= email settings or unsubscribe.

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https://potsandpansbyccg.com/2023/11/15/is-carrier-of-last-resort-d= ead/

3D"WordPress.com

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Follow your favorite sites, save posts to read later, = and get real-time notifications for likes and comments. <= /p>

3D"Download

Automattic, Inc. - 60 29th St. #343, San Fra= ncisco, CA 94110=C2=A0=C2=A0

3D""


--
:( My old R&D campus is= up for sale:=C2=A0https://tinyurl.com/yurtlab=C2=A0
Dave T=C3=A4ht CSO, L= ibreQos
--000000000000b1ad7f060a302b06--