This obligation extends to companies with monopoly power. First, as monopolists, they control the essential facilities necessary for the utilization and sale of broadband services over the Internet. It is likely that the unique consumer expectations and concerns, namely the speed of the consumer's Internet service, and the geographic and product limitations imposed by the franchising authorities will ensure the cable companies continued monopoly and exclusive control of broadband technology. Also, UCAN expects cable companies to willfully maintain that control and actively seek to acquire more. Second, competitors are unable to practically or reasonably duplicate the essential facility.
Cable franchises have the exclusive privilege to own, install and maintain broadband technology.
Other ISP's must utilize slower narrowband technology which do not and cannot compete with the speed offered by broadband technology. Rather, the franchising authority is in a better position to mandate equal access and afford consumer choice, than require unreasonable expenditures for competitors. Third, cable franchises have denied the use of the essential facilities to competitors. Currently, if consumers want the benefits of cable broadband data transmissions, they must pay for the content, navigation and other services of the Internet service provider owned by, or affiliated with, the local cable operator. The consequences of these restrictions on competition include higher prices, less consumer choice, stifled innovation, and constraints on the free flow of information and electronic commerce.