FCC Overruled: Broadband Internet Not Just "Information Service"

(Good news from the Cybertelecommunications Policy list. -- Seth)

-----Original Message-----
From: Robert Cannon <[email protected]>
Date:         Mon, 6 Oct 2003 13:23:25 -0700
Subject: [CYBERTEL] 9th Circuit Reverses FCC Internet over Cable 
Decision - link

On the 9th Circuit Website
Opinions are available at
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/opinions+by+date?OpenVi
ew&Start=1&Count=100&Expand=1.1#1.1

The FCC decision is available at
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/58AF00C2122345DD88256DB
7005BFAA3/$file/0270518.pdf?openelement

The conclusion is

[5] Our holding in Mesa Verde, along with that of the
Supreme Court in Neal, requires our adherence to the
interpretation of the Communications Act we announced
in Portland. There, we concluded that cable broadband
service was not a “cable service” but instead was part
“telecommunications service” and part “information
service.” Because the Commission’s Declaratory Ruling
agreed with our conclusion that cable broadband
service is not “cable service,” but disagreed
with our conclusion that it is in part
“telecommunications service,” we must

[6] AFFIRM in part, VACATE in part, and REMAND for
further proceedings not inconsistent with this opinion.14

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