These legislative propositions came to me as ideas\u00a0that would ease Data Road equipment deployment in the future, but I\u00a0think they could have a good (but more subtle) effect on their own, and\u00a0with Network Neutrality legislation in general. Let me know if you\u00a0agree.<\/p>\n
<\/p>\n
Lines from utility poles and conduits within right-of-way spaces\u00a0invariably cross into private property at some point. There is a tacit\u00a0agreement that the property holder will not charge a rent for this\u00a0space, in return for access to the services that the utility line\u00a0provides. In balance with this existing yet unspoken agreement, the\u00a0property owners should have the right to connect their own lines back\u00a0to the pole or right-of-way conduit that connects through their property, at no charge. If an attempt at a rental charge is made, the\u00a0property owner has the right to counter-charge for rental of space for\u00a0lines traversing their property, thus cancelling out all potential\u00a0rents from both ends.<\/p>\n
Further, if an agreement can be made between two separate property\u00a0holders within 2 degrees of connection (2 poles or right-of-way spaces\u00a0separate them at most), they have the right to jointly utilize their\u00a0separate connection rights to connect directly with each other, over\u00a0the shared set of means. They will naturally have to obey any state\u00a0and federal regulatory restrictions on the line types and installation\u00a0methods used. The restriction of 2-degree separation or below should\u00a0keep the structural and financial impacts of these direct connections\u00a0on utility infrastructure to a minimum.<\/p>\n
In the same way that first-sale doctrine implicitly grants product\u00a0consumers the ability to resell items that are not currently being\u00a0used, like used books and discs — bandwidth subscribers should have\u00a0the implicit right to resell or share unused capacity. Unsigned and\u00a0ill considered “Terms of Use<\/em>” agreements generally prohibit such\u00a0resell, and are currently dictated to most broadband subscribers by providers at\u00a0sign-up without their consultation or any forewarning. All such\u00a0subscription contract terms or resell prohibitions should be stricken\u00a0as unlawful, void, and unenforceable.<\/p>\n The test for maximum bandwidth capacity available for resell\u00a0should be held to advertised bandwidth speeds, to prevent providers\u00a0from making false statements about their subscription service\u00a0provision. A book seller can’t advertise a whole book at one price,\u00a0and then only give you half the book for the same advertised price.\u00a0The same should hold true for broadband sellers.<\/p>\n","protected":false},"excerpt":{"rendered":" These legislative propositions came to me as ideas\u00a0that would ease Data Road equipment deployment in the future, but I\u00a0think they could have a good (but more subtle) effect on their own, and\u00a0with Network Neutrality legislation in general. Let me know if you\u00a0agree.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,1],"tags":[],"class_list":["post-15","post","type-post","status-publish","format-standard","hentry","category-checks-and-balances","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/posts\/15","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/comments?post=15"}],"version-history":[{"count":0,"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/posts\/15\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/media?parent=15"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/categories?post=15"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dataroads.org\/blog\/wp-json\/wp\/v2\/tags?post=15"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}