> One other reason is that counties have the land rights. They negotiate with the big Telco's like Comcast, Verizon, Cox, Charter, etc and then issue a monopoly or duopoly in the county for a fixed period of time - usually 10 years at once.
They do not do that. It's illegal under federal law. Pole and conduit owners are required to rent out access at non-discriminatory rates: https://www.law.cornell.edu/uscode/text/47/224.
The reason companies don't overbuild is because it's expensive and there isn't any return. FiOS came to my building in Baltimore. I was the only person on my floor to switch away from Comcast. Even these days, people choose their broadband provider based primarily on the TV package.
> They do not do that. It's illegal under federal law.
But they most certainly can impose enough bureaucracy and other hurdles to make renting factually impossible. Or simply both the incumbent provider and the county employ just a single FTE (or less!) to handle permits, and one can't do anything about it. All while following the letter of the law, because there's nothing in the law that says "county has X days to deal with the permit else it is being automatically granted".
That feels easily litigated to me. The law probably makes some statement like 'will make available'. You then go to court showing that the opportunity to rent isn't available even though there technically is a service.
> They do not do that. It's illegal under federal law.
They definitely do. Our city has a franchise agreement with the incumbent cable provider; they're the only company allowed to provide cable television service. ~10 years ago a company called NuNet tried to come in and run fiber in a neighboring city, Hazleton, and both they and the city were sued by the incumbent for breaching the franchise.
The 1992 Cable Act made exclusive franchises illegal, but does not retroactively apply to pre-1992 contracts. Almost all of those contracts have since expired and been renewed as non-exclusive contracts under the 1992 Act. Hazelton, for example, granted an exclusive franchise before 1992, which expired in 2005: http://articles.mcall.com/2004-03-25/business/3517245_1_fibe.... The suit in 2004 was over the last year of exclusivity.
I imagine there are some 30-year exclusive franchises granted in 1991 that are still in effect. I don't actually know of any.
They do not do that. It's illegal under federal law. Pole and conduit owners are required to rent out access at non-discriminatory rates: https://www.law.cornell.edu/uscode/text/47/224.
The reason companies don't overbuild is because it's expensive and there isn't any return. FiOS came to my building in Baltimore. I was the only person on my floor to switch away from Comcast. Even these days, people choose their broadband provider based primarily on the TV package.