Tag: "common carriage"

Posted September 18, 2017 by Staff

This is the transcript for episode 270 of the Community Broadband Bits podcast. Professor Barbara Cherry goes into detail on the history of common carriage and telecommunications law. Listen to this episode here.

Barbara Cherry: It's been a mess. And part of the problem is restoring a more accurate understanding of our history.

Lisa Gonzalez: This is Episode 270 of the Community Broadband Bits podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez this week Christopher talks with attorney and legal scholar Barb Cherry about common carriage. We often talk about common carriage as it relates to telecommunications. And this week Christopher and Barb get into the policy. But most of us aren't aware of the legal history behind common carriage. Barb describes how its origins relate to the way it's applied today and how we need to consider the past as we move toward the future. Now here's Christopher and Barb Cherry.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits podcast. I'm Chris Mitchell from the Institute for Local Self-Reliance up in Minneapolis. Today I'm speaking with Barb Cherry a lawyer and a Ph.D. in communications who worked for the FCC for five years has 15 years in industry but is now a professor at the media school at Indiana University. Welcome to the show.

Barbara Cherry: Thank you, Chris.

Christopher Mitchell: Barb, one of the things I've warned you about. I'll tell the audience that you have an incredible amount of knowledge and you're very passionate. And so if this seems like it's getting a little bit too you know, friendly I might poke you a little bit to get some of that passion up on the surface.

Barbara Cherry: No problem.

Christopher Mitchell: Let's talk about common carriage which is something that I've never heard anyone explain as well as you have and and maybe you can just start with giving us a sense of the historical origins of common carriage in general.

Barbara Cherry: Yes common carriage is a special legal status that evolved over centuries literally to reflect that certain kinds of businesses engage in certain kinds of services... Read more

Posted September 12, 2017 by christopher

The modern fight over network neutrality isn't a few years old. It is well over 1,000 years old across a variety of infrastructures and is totally wrapped up in a legal concept known as common carriage that has governed many kinds of "carriers" over the years. Few, if any, are as conversant in this subject as Barbara Cherry - a lawyer and PH.D in communications. She has worked in industry for 15 years, at the Federal Communications Commission (FCC) for five years, and is currently a professor in the Media School at Indiana University.

One of the key points of our conversation is regarding the problems with media shortening the Network Neutrality policy fights as turning the Internet into a "public utility."  Barbara helps us to understand how common carriage is distinct from public utility regulation and why common carriage regulation is necessary even in markets that may have adequate competition and choices.

We also talk about the history of common carriage and the importance of what might seem like outdated law from the days of the telegraph. 

Read the transcript of the show here.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

This show is 30 minutes long and can be played on this page or via iTunes or the tool of your choice using this feed.

You can download this mp3 file directly from here. Listen to other episodes here or view all episodes in our index.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license.

Posted June 8, 2014 by christopher

As I was glancing back through my notes in the margins of my copy of Barry Lynn's Cornered: The New Monopoly Capitalism and The Economics of Destruction, I stumbled across the beginning of a discussion of common carriage. Good timing given the FCC wrestling with whether to apply common carrier regulations on Internet access.

Which brings us to a set of laws that are closely related to price discrimination: our common carriage laws. These hold that certain businesses--especially those with a real or a de facto license to provide a vital service to the general public--must be kept open to all potential customers on a fair basis. The provider of the service cannot discriminate among users, either by denying service to some and not to others or by charging different people different prices. The ancient Romans applied the concept to inns and ships. The English applied it to cabs, ferries, toll roads, mills, bakeries, surgery, tailoring, and breweries. In the United States, in the nineteenth century, we extended it to steamboats, telegraphy, and eventually railroads.

Posted June 11, 2009 by christopher

Tim Nulty offers a great vision and hope for the future of rural broadband networks. He discusses the long history of large telcos viciously attacking publicly owned networks and notes that FTTH is possible in nearly all rural areas in the U.S.

Among the advantages of public ownership, he notes the high quality of service, universal coverage, and the potential for common carriage or open access networks.

Our economy and society have evolved over the last 20 years to the point where universal availability of the most modern broadband communications is essential to fully participate in every aspect of our nation’s life. Without it, the promise of an equal chance to succeed is hollow. Our nation came to that conclusion two centuries ago when it created the national postal system, and in subsequent years with respect to roads, water, power and voice telephone. Now, it is coming to the same conclusion about the next level of communications: broadband connectivity. ...

[T]he main entrenched incumbents (both telephone and cable) are strongly reluctant to bring the latest technology to rural areas....focusing, instead, on cheaper but inferior “retrofits” to their legacy copper plant. The claimed reason is that it is not economically feasible to extend the latest technology to less “juicy” areas. In fact, this is not true. Based on the experience of a number of “non-incumbent” FTTH projects, it is clear that it is economic to bring universal FTTH to virtually any rural area that has a density of 12/13 homes per linear mile and all or most of whose plant is aerial. These characteristics cover the overwhelming majority of rural Americans.

Note: Nulty's piece appears on page 23 of the article linked to below. Preceding his piece is a poorly written piece riddled with the very sort of inaccuracies we started this site to correct. The article cites few examples and relies on worst-case, very low probability scenarios to scare the reader. Their discussion of the Utah networks suggests they are unaware of the most basic history of the project, and finally, their comparison of Burlington Telecom to Verizon is laughably simplistic and worthless.

Posted June 8, 2009 by christopher

This is not a new idea. The concept of common carriage is ancient in culture. It is deeply embedded in common law. It goes back almost two thousand years. Net neutrality is simply common carriage for the 21st century. It is the same idea we had in the 18th- century turnpikes. We fought it over canals. We fought it over railroads and we fought it over public roads when public roads were first beginning. To me, that's fundamental and it's a fundamental reason why the towns in Vermont wanted to do and do it as a public activity.

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