Monday, December 6, 2004
On Friday Dec 3, the Supreme Court decided to review National Cable and Telecommunications Ass'n v. Brand X Internet Services. The case is an appeal from the Ninth Circuit's decision in Brand X Internet Services v. FCC, 345 F.3d 1120 (9th Cir. 2003). The Court will decide whether cable broadband service is a "telecommunication service" or a "information service" under the Telecommunications Act. If the Court rules that broadband is a telecommunication service, then cable modem will be subject to the open access provisions of the Act, requiring telephony and cable to comply with must carry provisions. The Ninth Circuit ruled that broadband was a hybrid of telecommunication and information service and was subject to the open access provisions.