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  • From: Tanner Lovelace <clubjuggler AT gmail.com>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] Time Warner to meter users' Internet traffic
  • Date: Fri, 3 Apr 2009 16:06:39 -0400

Actually, I disagree that capping bandwidth would be
considered "interfering with content". It's not interfering
with content, it's simply reducing the bandwidth available.
So, I think that's a non-starter. (The fact that its expired
notwithstanding).

However, it's still unclear as to what contract Earthlink
has with TWC. That might provide some relief.

Actually, does anyone know the technical details
of how the data is transmitted? I don't know anything
about DOCISS, but I wonder if they both transmit
on the same signal with the same bandwidth or
if they have been separated somehow. Its still the
same wire, I know, but they could be in different
locations on the spectrum, possibly. If so, then
maybe that would let Earthlink provide uncapped
service.

Cheers,
Tanner

On Fri, Apr 3, 2009 at 3:46 PM, Mark Turner <jmarkturner AT gmail.com> wrote:
> Here's what I could find from the FTC website:
> http://www.ftc.gov/opa/2000/12/aol.shtm
>
> "Under the terms of the order, AOL Time Warner would be:
> required to open its cable
> system to competitor ISPs; prohibited from interfering with content
> passed along the bandwidth contracted for by non-affiliated ISPs
> and from interfering with the ability of non-affiliated providers of
> interactive TV services to interact with interactive signals, triggers
> or content that AOL Time Warner has agreed to carry; prevented
> from discriminating on the basis of affiliation in the transmission of
> content, or from entering into exclusive arrangements with other
> cable companies with respect to ISP services or interactive TV
> services; and required to market and offer AOL's digital subscriber
> line ("DSL") services to subscribers in Time Warner cable areas
> where affiliated cable broadband service is available in the same
> manner and at the same retail pricing as they do in those areas
> where affiliated cable broadband ISP service is not available."
>
> 1. I would consider capping its non-affiliated ISP's bandwidth as
> "interfering with the content pass along thte bandwidth."
>
> 2. I would also consider capping bandwidth at 7.5 hrs/month as
> "interfering with the ability of non-affiliated providers of interactive
> TV services to interact with interactive signals" as it would
> effectively torpedo Netflix's streaming service.
>
> God, I would love to sue TWC over this. As an Earthlink-over-TWC-cable
> user I think I would have grounds for point #1. Point #2 seems open to
> any Netflix user.
>
> Mark
>
> Tanner Lovelace wrote:
>> I think it would depend on the contract between Earthlink and TWC.
>> It may be written so that Earthlink avoids all that.  If so, I would
>> definitely consider switching.  I hadn't even thought about Earthlink
>> as an alternative before this...
>>
>> Cheers,
>> Tanner
>>
>> On Fri, Apr 3, 2009 at 3:07 PM, zman <zman AT shell.neverwhere.org> wrote:
>>> On Fri, 3 Apr 2009, Greg Brown wrote:
>>>> What about Earthlink?  Are they going to cap usage as well?
>>> I would think that since their stuff runs on the TWC network you'll see ti
>>> there as well. It's all about TWC not seeing what was coming and being
>>> complacent in delivering digital content. Now they want a piece of it.
>>>
>>> Scott H. Zekanis
>>> zman AT kungfumonkey.com
>>> Rod-O-Rama http://www.rod-o-rama.com
>>> Vagabonds C.C. http://www.vagabonds.cc
>>> '57 Buick Riviera, '60 International B100
>>> '23 Buick Roadster, '38 Buick Coupe
>>> '90 Ducati 750 Sport
>>> ---
>>> Come and play at the InterNetWorkers Web site!  
>>> http://www.ibiblio.org/internetworkers/
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>>>
>>
>>
>>
>
> ---
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--
Tanner Lovelace
http://wtl.wayfarer.org/
(fieldless) In fess two roundels in pale, a billet fesswise and an
increscent, all sable.




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