ccess to cable modem systems will necessarily require the type of permanent physical invasion held to constitute a per se taking. Consequently, cable modem system operators who are made subject to multiple ISP access requirements will be entitled to fair market value as compensation. As noted in the discussion regarding access to DSL networks, the proliferation of technological alternatives is in the process of greatly simplifying such a determination. 38 900 P.2d 495, 499-501, 504, 505-06 (Or. 1995). The litigants in GTE Northwest framed their challenge in terms of the Takings Clauses embodied in both the federal and the Oregon consti- tutions. The court assumed without deciding that the analysis would be the same under either provision. Id. at 501 n. 6. Note that Sections 251 and 252 enacted by the Telecommunications Act of 1996 explicitly give state public utility commissions the right to enforce physical collocation provisions. 47 U.S.C. §§ 251(c)(6), 252. Although this in effect overturned the Oregon Supreme Court's holding with respect to the PUC's authority to enforce physical collocation, it did not any way undercut the court's conclusion that the physical collocation provisions of the Oregon regulatory scheme constituted a per se taking under Loretto. The Regulation of Broadband Networks and the Internet: Network Neutrality versus Network Diversity Most Internet users communicate through a suite of nonproprietary proto- cols known as the transmission control protocol/Internet protocol ("TCP/IP"). Widespread adoption of TCP/IP has given the Internet a nearly universal interop- erability that allows all end users to access Internet applications and content on a nondiscriminatory basis. Commentators, led by Lawrence Lessig (2002), have long been concerned that cable modem and DSL systems will use their control of the "last mile" of the network to block or slow access to content and applications that threaten their proprietary operations. The concern is that the resulting reduction in interoperability will p