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FCC receives stay; will appeal cable ruling to the Supreme Court







FCC receives stay; will appeal cable
ruling to the Supreme Court

FCC receives stay; will appeal cable
ruling to the Supreme Court
04/11/2004 09:27 AM

FCC hopes the Supreme Court will overturn a ruling on the definition of cable internet services.




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FCC receives stay; will appeal cable ruling to the Supreme Court

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A group of ISPs (Internet service providers) on Tuesday will ask the U.S. Supreme Court to require broadband cable providers to share their networks with competitors, just as incumbent U.S. telecommunications carriers were required to share their DSL (Digital Subscriber Line) networks during the past five years.

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While most of the Supreme Court attention yesterday went to the Grokster case, the Justices also heard the Brand X case, which was an appeal on a rulin g from a few years back, saying that the FCC was wrong in classifying cable broadband services as "information services" instead of "telecom services" -- and, thus, opening up the cable companies to forced line sharing rules. While it might not mean anything, the initial reports suggest that the Justices were skeptical of the cable companies claims, and seemed to wonder why cable broadband and telco broadband were being treated differently. Unfortunately, the case isn't quite as straightforward as it might appear. The reason the telcos have line sharing rules in the first place is because they came by their copper lines through the breakup of a government granted monopoly. These were systems built with government backing (though, as some have pointed out, the cost of those lines should be next to nothing by now). Most of the cable systems were built by private companies. That's a big distinction, and really is at the heart of this case. While both sides claim that competition will be stifled if the other side wins, that seems unlikely (either way). With the FCC leaning again st line sharing, even if cable offerings are classified as telecom services, they might not be required to share lines. However the court decides, though, it is likely to influence many other FCC rulings that impact a variety of different services, such as VoIP -- since it will set up the regulatory framework by which the FCC can rule across both cable and DSL. If both are aligned, it should also play into how they regulate wireless broadband technologies as well. In other words, the specific decision may not have a direct impact right away, but the eventual consequences may be far reaching.

Supreme Court Questions FCC Cable Modem
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03/29/2005 11:45 PM
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Justice Dept censors Supreme Court
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08/29/2004 10:41 AM
Cory Doctorow: Becky sez, "The Justice Dept. blacked out (censored) the part of a Supreme Court decision that calls into question the willy-nilly use of the vague notion of 'domestic security' to suppress dissent. Oy."
Ostensibly, they would use their powers of censorship only to remove material that truly could jeopardize US operations. But in reality, what did they do? They blacked out a quotation from a Supreme Court decision:
"The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect 'domestic security.' Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent."
The mind reels at such a blatant abuse of power (and at the sheer chutzpah of using national security as an excuse to censor a quotation about using national security as an excuse to stifle dissent).
Link (Thanks, Becky!)

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Grok Description matches for FCC receives stay; will appeal cable ruling to the Supreme Court
GrokA matches for FCC receives stay; will appeal cable ruling to the Supreme Court

FCC receives stay; will appeal cable ruling to the Supreme Court

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