<
http://www.nytimes.com/2003/10/07/technology/07CABL.html> Court Rules F.C.C. Erred in Decision on Net Access
By MATT RICHTEL
Published: October 7, 2003
SAN FRANCISCO, Oct. 6 — In a setback for the Federal Communications Commission, a federal court issued a ruling on Monday that may force cable companies to share their high-speed Internet, or broadband, networks with competing Internet service providers.
The decision, issued by a three-judge panel of the Court of Appeals for the Ninth Circuit, found that the F.C.C. erred in an earlier ruling that effectively absolved cable companies of any obligation to make their lines accessible to competitors.
The decision was hailed by Internet access providers who sued to get the right to lease those lines and offer competing services over them. They said the court decision would give consumers more choice when shopping for a provider of high-speed Internet service. "This will help drive prices down and quality of service up; it will drive broadband deployment," said Dave Baker, vice president for law and policy at Earthlink, an Internet service provider and a plaintiff in the lawsuit.
The F.C.C. said it would appeal the case. Michael K. Powell, the chairman of the F.C.C., said in a statement that the decision would hurt efforts to develop a national policy on high-speed Internet services.
The court decision is another blow to the F.C.C., which has been under attack from Congress for its decisions permitting greater media consolidation.
(con't).........
:bounce:
Whoo Hooo!!!!!.......the Bush Cabal looses!!!(for now)
1000 more appeals to go?