Thursday, August 10, 2006

Unhappy News From the 3rd Circuit

Just thought that you should all know....the 3rd circuit has ruled against LUS and Lafayette.

I have yet to read the 19 page decision and so don't understand the basis for the decision (available at: http://www.la3circuit.org/opinions/2006/08/081006/06-0904opi.pdf) but the bottom line is that LUS lost.

Terry Huval tells me that that they're not going to say anything specific about the ruling until they digest it, that it could mean a rehearing by (I presume) the full 3rd Circuit or could go direct to the State Supreme Court. An appeal was in the in the works by one or another of the parties anyway....so there will be no more delay than was already in the works.

He also says that if the ruling stands it will become clearer that Louisiana’s “Local Government Fair Competition Act” is a nothing more than a barrier to entry for local governments wanting to provide telecommunications services, despite an overwhelming public vote in favor of such an initiative.

In that he is absolutely right.

This makes me mad. And that probably doesn't help anyone. :-)

I will say this upfront: If this interpretation of the law is upheld it reduces the whole law to nonsense and should quiet anyone who claims that this law was supposed to be about "fairness." It would put restrictions on one company---and only one company--that NONE of the its competitors would have to endure. It would mean that little LUS, whose whole territory is the city of Lafayette, couldn't even borrow from itself. This while its enormous competitors can rake in monopoly profits from every state in the southeast and in Cox's situation far beyond and use it as they please. Their profits from, for instance Cingular wireless, or any other division can be used as the please. Can you imagine the uproar if anyone tried to suggest that Cox or BellSouth couldn't use their profits to start a new division? Justice and equity has nothing to do with this. There is nothing fair about the law. If our legislators are to craven to repeal it, they ought, at least, be willing to add the four characters I always add:

The Local Government (un)Fair Competition Act.

Recall please, that even the bill's author said that BellSouth is challenging aspects of the law he thought were agreed to in discussions. This law and its absurdist internal contradictions is being used to frustrate the express desires of the people. This sort of hypertechnical decision. based on legalistic definitions that make no sense in common usage or the context of the law destroys people's faith in the legal system.

It's not only Cox, BellSouth, Naquin, and a batch of lawyers from across the basin who should be ashamed: it's the third circuit as well.

11 comments:

Anonymous said...

Justice has been served!!!

John
I have enjoyed talking to you on your blog and now this issue is over I want to sign off forever. This has been a great tool to allow everyone to have a voice. Even those that work for BellSouthand/Cox Thanks for your help. Thanks

AN"th"ONYMOUS SAID
an"TH"onymous said
Anthony Moussaid

Anonymous said...

Justice my rear !!! This is the biggest load of crap I have ever seen. The supreme court will set this issue right, that is unless the corrupt Bellsouth lobbyist get to them first!

Anonymous said...

My money os on the corrupt BellSouth Lobbyist!

Anonymous said...

How about this time around we all try to enlighten each other and the community with information. No more name calling. Intellegent and civil discussion. Lets give it a try.

I assume we are in agreement that appeals and rewriting the bond ordance are a waste of time and money. I further assume the everyone has come to the realization that we cannot sell the bonds without the cross subsidy. If we are not agreement, then ignore the rest of this post. No need to respond.

The citizens voted to build out fiber, so be it. That's been decided, so lets do it. Now, in light of the recent ruling, how can we best attempt to get that done.

Let me suggest the following:
All LUS has to do to get out from under the Fair Competition Act and these rulings is stay out of the retail business. If they leave their sysetem open, so all may compete on it to sell "services", they can use the utility company to subsidize the fiber buildout and guarantte the bonds. The Fair or (un)Fair Competition Act will not apply.

Tim

Anonymous said...

Tim
You know what this is about to the local Elected officials and Terry. I like your idea and I would support it but you are trying to talk yourself into believing Joey and Terry are doing this to provide a service to the public. Tim this is all about the control and the money. New taxes and new revenues!! I would support your proposed arrangement and I appreciate you sharing it with us. Thanks

Tim, I think you should consider running for public office. We need more people like you running this state.


P.O. Stacomment

Anonymous said...

If anyone reading this would support Tim Supple for Parish President Please post a comment letting him know.

Anonymous said...

Teehee it is a little joke, you know. Leader of men.

Anonymous said...

Opinion leader. Man of influence.

Anonymous said...

Petition failer, City suer, Opponent of fiber....


BellSouth's must have a man to run against Joey Durel!

Anonymous said...

Please, I am not qualified and the in the words of Gaucho Marx’s, “I wouldn’t belong to any club that would have people like me as a member”. So let’s stick to the discussion at hand. It doesn’t matter what I think, it only matter what the citizens think. The vote was cast, that’s the end of that story. Now, what’s the best way to give the citizens what they voted for? My suggestion for discussion is of how to get there.

Tim

Anonymous said...

Tim
Would you once again propose your plan to Joey and the council this Tuesday?