02-10-2017, 09:30 AM
This is going to get interesting. We see in NY the AG is suing what was Time Warner for what basically amounts to fraud for not delivering the speeds they promoted. Anyone who has ever dealt with an ISP knows they use a sneaky asterisk that says "up to" whatever the speed is. This case could establish how far ISPs can push that little set of fine print.
That applies to this case for a very specific reason. As a customer we are paying the ISP to deliver information to us at a certain speed, if they are controlling the pipe at both ends they are basically once again defrauding the consumer if they do not deliver the content at the rate which they claim to the customer. If you tell me that I can download something at a rate of 30 Mbps down, yet you have throttled the provider to less than what I can conceivably download at a given time then you have throttled me below my paid threshold. While it isn't a big deal yet as even Netflix only moves content in HD around 5 Mbps, as that goes up over time it could cause larger issues to ISPs.
Honestly I see a supreme court case coming in the next few years that will establish internet providers as public utilities. It will be tough to argue that it is not a necessity in today's age and therefor should be available. With many ISP's having monopolies over areas it also would be easy to prove it should be regulated like other utilities who have monopolies sanctioned by the government.,
That applies to this case for a very specific reason. As a customer we are paying the ISP to deliver information to us at a certain speed, if they are controlling the pipe at both ends they are basically once again defrauding the consumer if they do not deliver the content at the rate which they claim to the customer. If you tell me that I can download something at a rate of 30 Mbps down, yet you have throttled the provider to less than what I can conceivably download at a given time then you have throttled me below my paid threshold. While it isn't a big deal yet as even Netflix only moves content in HD around 5 Mbps, as that goes up over time it could cause larger issues to ISPs.
Honestly I see a supreme court case coming in the next few years that will establish internet providers as public utilities. It will be tough to argue that it is not a necessity in today's age and therefor should be available. With many ISP's having monopolies over areas it also would be easy to prove it should be regulated like other utilities who have monopolies sanctioned by the government.,
