National Cable and Telecommunication Association v. Brand X Internet Svcs.
- Case Date: 1/18/2005
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 27, 2005, the U.S. Supreme Court ruled that the Federal Communications Commission (FCC) could properly decide not to impose burdensome regulatory requirements on the delivery of broadband Internet access by cable companies. The decision was a victory for WLF, which filed a brief with the Court supporting the FCC's position. The case arises from a decision by the FCC to treat cable modem service as an "information service" rather than a "telecommunications service." The decision meant that cable modem providers (local cable television companies) would not be required to share their lines with other providers of Internet. In its brief before the High Court, WLF argued that the FCC's decision was sound policy because the broadband market is a competitive battlefield between cable companies and local telephone companies (providers of DSL service) and that further competition is on the horizon in the form of new technologies for broadband service.
More Information and Downloads:
1/18/2005: Download the Brief
Litigation Update: Supreme Court Upholds Minimal Regulation Of Cable Modem Service
Press Release: WLF Asks Supreme Court To Minimize Broadband Regulation