Thursday, July 20, 2006

"LUS bond issue back in court"

In the latest of a series of well-researched articles on fiber to the home issues Kevin Blanchard lays out the argument made by the Eastin-Naquin lawyers in the bond issue case before Louisiana's third circuit court of appeal.

But he neglects to lay out the city's winning case that the opponents of Lafayette's fiber to the home project are attempting to overcome--this is, after all, an appeal.

Among other points, Blanchard repeats the claim made by the Plaquimines lawyers that LUS can't take out loans from local government. But he fails to note that the law explicitly allows loans and lays out the conditions under which they must be made--including a provision, for instance, that such in-house loans should be made at "market rate." Even the legislature clearly realized that a project of that loans would occasionally be necessary and provided for them. The idea that internal loans are somehow prohibited it is a stretch that (doesn't really) justify another level of delay. BellSouth and Cox know quite well the intent of the law.

Of course, if the law were better drafted this sort of nonsense wouldn't be possible. Chalk up yet another reason to repeal the Local Government (un)Fair Competition Act.

5 comments:

Anonymous said...

Sounds like you're already making excuses. Did you get permission from Bowler to change the name of his Act?

John said...

O couragous anonymous person,

Making excuses? Nope, laying out the facts...you noticed this was an appeal? Good, Clever lad. You know why folks appeal? They lost the first time around. 90% of the time that means their argument was lousy. You need to read the (un)Fair act.

So you got some Bowler fella you like as the author of this anti-Lafayette law that was drafted by BellSouth and hacked into contradictory pieces in an ill-crafted compromise? I take no credit for accurately relabeling the law.

Anonymous said...

Interesting how that lousy argument won in the 3rd Circut with at 25 page opinion.
It's ok,I understand you are frustrated. Accept the truth and it will help you feel much better about yourself. You have devoted a lot of time into this issue and at times I know you get your emotions involved with your script. I don't falt you I just wish you felt better about your chances but I would feel the same way if I was associated with people who try to use political pressure to get two citizens to drop a law suit.
Take a load off and have another sip of the Kool Aid.

John said...

O (not so) couragous anonymous person,

The argument being put forth by Naquin and Eastin isn't the argument that "won" at the third court. You, know, different case and all; different ordinance. The third circuit was pretty clear about how to please it about loans. And, in my judgment the city and LUS went further than they requested. I know its not convenient to face the facts but there it is.

Nobody is trying to use "political" pressure to get Naquin and Eastin to drop the suit. I think you're confused about the difference between politics and good old-fashioned community disapproval. That's what is going on here. Since you don't share the sense of the community about what is going on here (and in fact won't reveal whether you are a member of our community or not) you feel free to blather on.

Hey, we'll find out whose interpretation on all this is right by August 14th won't we?

Shad Price said...

Anon -

Anything in particular of substance to post? Perhaps some evidence to the contrary of what the situation looks to be? Things don't just "happen" as they have with this situation for no reason. It's clear as glass that this is being done as another delay tactic.

Who is getting what? That's the real question. :)

Maybe they get totally free service from BellSouth or Cox?

Maybe they get a nice fat payoff with stock options or cash in some way? Who really knows?

It's sad. You guys are all essentially just big cowards. You hide behind anonymity and inject as much false information as you can to cloud the real issue. The simple fact that competition scares you. It's okay to be scared. Everyone gets scared. In this case, there is a lot to be scared of, because when LUS rolls out FIBER, you guys instantly become obsolete. Pretty scary indeed.