Another SCOTUS decision: Kelo v. City of New London (2005) was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development.
In communities where the Duopoly don't build out fiber, the community should sue for eminent domain to take over those assets to put them to better use. Slow broadband hurts economic development. This can help alleviate that problem.
CenturyLink is seeking federal funds to provide better broadband than WISP's currently do. I don't see how a similar argument cannot be made with C-Link in these areas. Their current assets are not providing enough economic development in the area. They are asking to use taxpayer dollars to improve it. Why not just force the issue?
"The power of eminent domain is granted to governmental bodies -- federal, state and local -- by the Fifth Amendment to the U.S. Constitution, under the simple phrase, "...nor shall private property be taken for public use, without just compensation." [about] "The case of Kelo v. City of New London, however, involved a new trend ... the use of eminent domain for economic, rather than public purposes." It would apply here as well.
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