The common carrier definition, backed up by legislation like the Telecommunications Act of 1996 enables regulation of data broadcasting (which includes the internet) by the FCC. This act's main objective is “to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced information technologies and services to all Americans by opening all telecommunications markets to competition” which is the exact opposite of what this legislation aimed to do. Heavy lobbying by USTelecom has led to the creation of state legislation which would prevent the expansion of their current public broadband network which boasts speeds 50x of the Telecom companies it represents. This legislation would achieve some same anticompetitive effects that common carrier legislation would (aimed at reducing redundant infrastructure in areas), but lacks the oversight that ensures continually improving technological infrastructure. Recent mergers, such as the proposed TWC / Comcast merger have been possible due to political contributions and other unethical practices at the expense of turning the current market into even more of an oligarchy than it already is. Recently news came out that Netflix finally gave in to bullying from Comcast to pay them after network throttling reduced stream quality to that of a VHS. Mergers like this mixed with their already monopolistic-like power would allow for these types of tactics to play out regularly. The USTelecom argument against this is that companies like Netflix require them to upgrade their infrastructure. The logic flaw in this is that public companies are more than willing to fill this void in willingness to technologically innovate; however, political lobbying is a cheaper tactic for them. Low public opinion of USTelecom's performance and customer support has created an outcry of the need for change but now USTelecom is saying that the FCC does not have the authority to stop the anticompetitive legislation in these states (which goes directly against what is in legislation such at the Telecommunications Act of 1996).
references:
www.theguardian.com/business/2014/aug/29/us-telecoms-fcc-block-high-speed-internet-chattanooga
http://legal-dictionary.thefreedictionary.com/Common+carrier
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