The Monopoly
For the purposes of this section, a domain is a class of products or
services delineated as follows.
Two products or services are in the same domain if the functions for
which the two products or services are suited by design or intent
substantially overlap, and in different domains if those functions do
not substantially overlap.
Differences in particular brand or trademark, or trivial differences
in variety, or differences in particular manner or quality of
performance in a service, cannot in and of themselves be construed to
indicate a distinction of domain. Differences in suitability for
animals, humans, inanimate material, bulk quantities, packaged small
quantity, manufacture, distribution, retail sales, etc., constitute
differences of domain.
No individual or incorporated entity can enter contracts that secure
in advance delivery of more than 33% of one month's national service or
production capacity for a domain, provided that an individual or
incorporated entity's right to purchase products outright is
unabridged.
No incorporated entity can enter a contract with another incorporated
entity that binds or concerns enterprise in a domain in which both
incorporated entities engage in enterprise.
No individual or incorporated entity can enter a contract whose terms
restrict the prices it charges parties not signatory to that
contract, or the manner in which it accepts or rejects customers, or
the selection and characteristics of the products or services it
offers, provided that this restriction has no bearing on contracts
between incorporated entities and employees thereof.
A staple infrastructure service is a service with a fixed physical
distribution and/or service location, infrastructure, or fleet, and
such that the service cannot be provided except where this
infrastructure operates.
A staple product is a product supplied via a staple infrastructure
service.
A monopoly is an economic circumstance in which a single party has
control of the entire supply of a domain. For the purposes of this
section, the domain must be one of staple products or services, as
elaborated herein.
For monopoly restrictions as enumerated in this section to apply to a
party, the party must either be the state, or be doing business for a
fee and be either an incorporated entity, or an individual doing
business with members of the public beyond those with whom the
individual has a pre-existing acquaintance.
An incorporated entity is a substantial monopoly, and subject to
further constraints as enumerated in this document, if more than 50%
of its gross revenue is from sales and service in domains in which it
has a monopoly.
A party's commerce in a domain in which it has a monopoly is
restricted as elaborated herein, but these restrictions do not apply
to that party's commerce in domains in which it does not have a
monopoly, unless the party is a substantial monopoly or the state.
The state cannot explicitly grant, secure, guarantee, or reward
erection, maintenance, or operation of a monopoly by an individual or
incorporated entity. The state cannot forbid, halt, penalize, or
specially regulate such erection, maintance, or operation, except as
specifically set forth in this document.
Each of the following constitutes at least one distinct domain of
monopoly for the purposes of this document: railway transport services
from point A to point B except when an alternate route of disjoint
ownership and regular transit time (for the same train) not more than
10% longer, from a point C not more than 10 miles from point A to a
point D not more than 10 miles from point B, is available, railway
transit service from a particular station (subways, trolleys, trams,
etc.), airports and access thereto when there is no alternative within
25 miles, seaports and riverports when there is no alternative within
10 miles, waterways and bodies of water that are not freely accessible
without a fee, ferry service between point A and point B when there is
no other ferry service that links a point C within one mile of point A
and a point D within one mile of point B, transportation by water
between point A and point B when there is no other transportation
service that links a point C within ten miles of point A and a point D
within ten miles of point B, roadways administered as though
state-owned, supply depots for a particular staple fuel or oil and
grade thereof (gasoline, diesel, ethanol, methanol, methane, natural
or liquid petroleum gas, fuel oil, staple lubricants, etc.) when the
closest alternative is more than ten miles distant, agricultural
supplies when the nearest alternative is more than 25 miles distant,
supply of a particular type of drug (excluding psychoactives) or
medical product when the nearest alternative is more than ten miles
distant, emergency medical services including emergency ambulance and
emergency surgery, building supply (including construction,
refurbishing, and janitorial supplies) when the nearest alternative is
more than 25 miles distant, hardware and tractor supply and rental
(agricultural, construction, excavation, and logging) when the nearest
alternative is more than 25 miles distant, grocery supply (ignoring
exclusivity of supply of non-staple foodstuffs) when the nearest
alternative is more than ten miles distant, PDDW supply when the
nearest alternative is more than 25 miles distant, use of a shooting
range that charges a per-visit or per-time-unit usage fee when the
nearest alternative is more than 25 miles distant, commercial radio
broadcast in which more than 10% of residents within the primary
contour are within the primary contour only of the instant channel
site within the band of that site, wireless duplex communications
infrastructure for access to a particular network via a particular
transponder when more than 10% of residents within the area served by
the transponder are not within the area served by any other
transponder that provides access to that network with a similar or
greater quality of connectivity, any facility that sells state-owned
products to the public, and any state-owned facility or operation that
provides services to the public.
The following are usually, though not inherently, monopolies: fixed
water distribution infrastructure, fixed steam distribution
infrastructure, fixed electrical power distribution infrastructure,
wired broadcast communications infrastructure, fixed gas (natural gas,
propane, etc.) distribution infrastructure, and sewage and drainage
infrastructure.
The following can be, though are often not, monopolies: duplex
communications infrastructure for a particular network (wired or
wireless) servicing a particular location, roadway vehicular
mass transportation service (bus or trolley) when an alternative
point of pickup or dropoff is more than 500 feet distant, roadway
emergency service (principally, towing and flatbedding, which are
separate domains) for a particular location, heating fuel delivery for
a particular type and grade of fuel and location, postal or package
pickup/shipping/delivery services for a particular location, and
garbage pickup for a particular location.
The following cannot ever be considered staples or monopolies for the
purposes of this document: building services (including construction,
refurbushing and restoration, and janitorial services), equipment
rental providers except as specified above, repair service providers
(for vehicles, electronics, and other machines and items), retailers
of non-staple items (such as jewelry, furniture, books and other
media, computers, recreational electronics, and vehicles (not
including tractors)), legal and accounting service providers, medical
services except for emergency medical services, technical services
including media production and software engineering, artistic and
advertising services, scientific services, banking services,
insurance, educational services, private security and investigative
services, churches, and any service of similar nature to these.
A monopolizable product or service is a product or service
of which a party can have a monopoly as defined herein.
The provider of a monopolizable product or service must publish and
display a thorough current fee schedule covering all monopolizable
products and services, valid for at least one day subsequent to
publication and display, to which it must strictly adhere. Such a fee
schedule must be displayed any time the provider is accepting
customers.
No term of a contract that a party with a monopoly in a domain
requires a customer for that domain to enter can bind the customer in
any manner other than payment, upon or before delivery or performance,
in an amount clearly stated and precisely equal to that specified by
the published and displayed fee schedule applicable at the time of
signing, and if applicable, return of rented equipment in
substantially the same condition it was in when first transferred into
the custody of the customer.
In the manner in which it can enter contracts to provide a
monopolizable product or service, the provider of that product or
service is restricted as though it actually has a monopoly on that
product or service, and is restricted in the formation and entrance of
the contract (but, except as specified herein, in other matters only
if it has an actual monopoly as defined herein) particularly as set
forth in this section and in
§ Discrimination by the State and by Substantial Monopolies.
Upon the request of a rejected customer, the provider of a staple
product or service must supply a receipt of rejection to it, with
which it can prove the time and place of rejection. The receipt must
also specify the terms under which the customer will be accepted; in
particular, in cases in which the customer is rejected based on the
quantity of a particular product or service it desires, the receipt
must specify the quantity of that product or service which the
supplier is willing and able to supply.
If no member - of a set of providers of a staple product or service
who, taken together (using any one of them as a hub for the purposes
of radius constraint when applicable), constitute a monopoly - agrees
to supply a product or service to a particular customer, then that
customer is empowered to apportion its order for the product or
service to one, a subset, or all of the providers, who then must, to
the best of their ability, provide the product or service to the
customer for a fee as dictated by the current fee schedule of each.
However, if the quantity or nature of the particular product or
service ordered from a particular supplier by the rejected customer is
such that the rejected customer cannot be supplied or serviced without
causing a failure to perform according to standing contracts with
accepted customers, then the rejected customer cannot compel that
supplier to supply it with the quantity of the product or service at
issue.
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This is a preliminary draft. Pending changes are in The To-Do List