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