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posted by cmn32480 on Friday September 01 2017, @05:46PM   Printer-friendly
from the read-before-you-sign dept.

Comcast has sued the state of Vermont to try to avoid a requirement to build 550 miles of new cable lines.

Comcast's lawsuit against the Vermont Public Utility Commission (VPUC) was filed Monday in US District Court in Vermont and challenges several provisions in the cable company's new 11-year permit to offer services in the state. One of the conditions in the permit says that "Comcast shall construct no less than 550 miles of line extensions into un-cabled areas during the [11-year] term."

Comcast would rather not do that. The company's court complaint says that Vermont is exceeding its authority under the federal Cable Act while also violating state law and Comcast's constitutional rights:

The VPUC claimed that it could impose the blanket 550-mile line extension mandate on Comcast because it is the "largest" cable operator in Vermont and can afford it. These discriminatory conditions contravene federal and state law, amount to undue speaker-based burdens on Comcast's protected speech under the First Amendment of the United States Constitution... and deprive Comcast and its subscribers of the benefits of Vermont law enjoyed by other cable operators and their subscribers without a just and rational basis, in violation of the Common Benefits Clause of the Vermont Constitution.

[...] Comcast previously asked the VPUC to reconsider the conditions, but the agency denied the request. (Vermont Public Radio posted the documents that we've linked to and published a story on the lawsuit yesterday.)

Comcast entered Vermont by purchasing Adelphia in 2005, despite already being aware of state procedures that ascribe great importance "to building out cable networks to unserved areas to meet community needs," the VPUC's denial said.

Source: https://arstechnica.com/tech-policy/2017/08/comcast-sues-vermont-to-avoid-building-550-miles-of-new-cable-lines/


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  • (Score: 5, Insightful) by Sulla on Friday September 01 2017, @08:14PM

    by Sulla (5173) on Friday September 01 2017, @08:14PM (#562699) Journal

    This. Contracts are contracts. Was it Oracle's fault that the State of Oregon signed a contract for a multi-million dollar software project without milestones? No. Just like in this case it is not Vermont's fault that Comcast did not read the fine print, although I suspect more than likely they figured they would just fight it later. The best way for Vermont to respond would be to just pull the permit and charge them for operating illegally (not endorsing the right of the state to say what businesses can and cannot operate).

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