Did The FCC Permissibly Conclude That Cable Modem Service Is Solely an “Information Service” Under the Communications Act?
National Cable & Telecommunications Association v. Brand X Internet Services Docket No. 04-277 and FCC v. Brand X Internet Services Docket No. 04-281 From: The Ninth Circuit Case at a Glance This case involves broadband Internet access service provided by cable operators to residential subscribers over cable facilities—popularly known as “cable modem” service. The Federal Communications Commission (FCC) classified cable modem service solely as an “information service,” without a separately regulated telecommunications service component. The Ninth Circuit held that the FCC erred and that cable modem service should be deemed to contain a “telecommunications service” component subject to certain common carrier obligations under the Communications Act. Under the Ninth Circuit’s ruling, cable broadband providers might be required to open their lines to competing information service providers (ISPs). • Previewed by Jonathan Massey, an appellate attorney in Bethesda, Md.
