Monday, June 27, 2005
In a 6-3 decision the Supreme Court has ruled that cable providers do not have to allow ISPs to use their services. The Court found that the FCC acted within its discretion in deciding to classify "high speed Internet connections" as non-telephonic. "... if the Act fails unambiguously to classify non-facilities-based information-service providers that use telecommunications inputs to provide an information service as "offer[ors]" of "telecommunications," then it also fails unambiguously to classify facilities-based information-service providers as telecommunications-service offerors; the relevant definitions do not distinguish facilities-based and non-facilities-based carriers. That silence suggests, instead, that the Commission has the discretion to fill the consequent statutory gap."
The case, National Cable and Telecommunications Assn. v. Brand X, is available here.