Susan, when you say "I do think that transport -- the substrate, the common carrier -- should be treated differently than the layers above..." I agree, but I question what is "substrate" for Internet connectivity. Just because we gave out some monopoly rights in the past - for phone, cable, etc. - doesn't make those rules a good starting point for what is a fundamentally different problem. The former were specific services. The Internet is a platform supporting multiple applications, services and new innovations. Yes, there is a bottleneck - the right-of-way in front of our homes and businesses - which needs to be regulated by an appropriate legal framework. But consider that pace of evolution at the various "layers" that make up a local connection. * Routers and Switches, i.e. TCP/IP or Ethernet: Faster than Moore's law * Lighting the fiber: Similar to Moore's law * Fiber itself: Slowly improving - 20 year useful life * Conduits and poles: Slow evolution - 20+ years useful life * Local rights of way: Fixed, limited and communally owned. Laws evolve slowly - over decades! Wouldn't it make sense to regulate access to the right of way and/or to slowly evolving dark fiber and raw copper, but foster competition at every higher layer where technology will continue to outrun the best of regulatory intentions? There's a bit more on this in my blog posting of a few days ago.