Internet Access Choices May Grow
Tuesday, October 7, 2003; Page A01
Cable companies would be required to open their networks to rival high-speed Internet service providers under a federal appeals court ruling yesterday that could lead to more choices for consumers and subject the industry to the same competitive pressures roiling the telephone market.
The ruling by the San Francisco-based U.S. Court of Appeals for the 9th Circuit bars the Federal Communications Commission from following through with plans to allow cable companies to exclude rivals from selling competing brands of Internet service over their lines.
The FCC adopted its deregulatory approach last year, betting that it would give the cable industry an incentive to continue investing in sophisticated fiber-optic networks. But the court said the agency must continue to classify cable's Internet offerings as a telecommunications service, subjecting it to the same regulations governing high-speed Internet service provided by telephone companies.
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FCC Chairman Michael K. Powell vowed to appeal the decision. In a brief statement, Powell quoted from the judge's comments: "Unfortunately, as noted by Judge O'Scannlain, the ruling 'effectively stops a vitally important policy debate in its tracks,' producing 'a strange result' which will throw a monkey wrench into the FCC's efforts to develop a vitally important national broadband policy."
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http://www.washingtonpost.com/wp-dyn/articles/A52839-2003Oct6.html