--- Blaine Christian <blaine@blaines.net> wrote: <snip>

I suspect the section regarding nondiscriminatory access could have been worded better. Half the text is repeated. Are they paid by the word you think?

I believe this part is how utilities (ele, gas, tel(traditional), sewage, etc) who doesn't do tcp/ip must give access to a tcp/ip provider at normal rates� to their trench�.( pole, duct, conduit, or right-of-way).

(a) NONDISCRIMINATORY ACCESS.A utility shall provide a BITS provider, BIT provider, or broadband video service provider with rates, terms, and conditions for access to any pole, duct, conduit, or right-of-way owned or controlled by such utility that are nondiscriminatory as compared to the rates, terms, and conditions for such ac- cess provided to any telecommunications carrier, cable op- erator, or other BITS provider, BIT provider, or broadband video service provider.

I believe this part is for the tcp/ip speakers , they also have to share the trench. (pole, duct, conduit, or right-of-way).

A BITS provider, BIT provider, or broadband video service provider shall provide a cable television system, a telecommunications carrier, or any other BITS provider, BIT provider, or broadband video service provider with rates, terms, and conditions for access to any pole, duct, conduit, or right-of-way owned or controlled by that provider that are nondiscriminatory as compared to the rates, terms, and conditions for such access provided to any telecommunications carrier, cable operator, or other BITS provider, BIT provider, or broadband video service provider.

The question that comes up in my mind is... If the city is putting a new water main in a road that connects 2 of my data centers, does this act force them to let me toss in a big bundle of fiber before they cover the pipe up? Is the defense listed on page 64 of http://energycommerce.house.gov/108/news/11032005_Broadband.pdf [(b) CAPACITY EXCEPTION. Notwithstanding para- graph (1), a utility providing electric service may deny a BITS provider or BIT provider access to its poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.] going to prevent such action? ( Utility per 1934 act = a local exchange carrier, or a electric, gas, water, steam or other public utility and who owns or controls, poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire communications (the rights-of-way). Incumbent local exchange carriers are considered utilities. ) I can see this allowing a bunch of short dark fiber runs to be installed in highly dense places (times-sq.ny.ny.us) as well as through rural zones. I've set reply-to = me because of perceived drift, feel free to override.