The 9th U.S. Appeals Court, San Francisco, Fri. granted FCC and N...
The 9th U.S. Appeals Court, San Francisco, Fri. granted FCC and NCTA petitions to stay the ruling involving the FCC’s regulatory classification of cable modem services. The NCTA and FCC filed motions to stay the appeals court ruling that…
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let stand a ruling by a 3-judge panel striking down the FCC’s decision that cable modems should be classified as an information and not a telecom service (CD April 8 p.11). “We will now turn our attention to developing our formal appeal to the U.S. Supreme Court and look forward to having this case decided on it merits,” said Dan Brenner, NCTA’s senior vp, law and regulatory policy. The NCTA has until the end of June to make its appeal to the high court. Earlier, the Consumer Federation of America, Consumers Union and Center for Digital Democracy joined Earthlink in opposing the motions to stay. Consumer groups and ISP Brand X had brought the case Brand X v. FCC. They said the decision to classify cable modem services as telecom services would help consumers by letting them choose among multiple ISPs operating over cable systems, as with dial-up. But the cable industry claimed it potentially opened cable operators to common carrier regulation and open-access requirements on high-speed Internet products.