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Administrative Law Keyed to Aman
National Cable & Telecommunications Association v. Brand X Internet Services
Citation:
545 U.S. 967, 125 S.Ct. 2688, 162 L.Ed.2d 820 (2002)Facts
The case arose from the FCC’s efforts to classify broadband Internet service provided by cable companies under the Communications Act. In 2002, the FCC issued a Declaratory Ruling that classified cable modem service as an “information service” rather than a “telecommunications service.” This classification exempted cable companies from the mandatory common-carrier regulations that apply to telecommunications carriers under Title II of the Act. The FCC reasoned that cable modem service was an integrated offering that provided consumers with a comprehensive capability for manipulating information using the Internet, rather than a transparent transmission path. Multiple parties, including independent ISPs who wanted access to cable networks, challenged this ruling. The Ninth Circuit vacated the FCC’s ruling, relying on its prior decision in AT&T Corp. v. Portland, which had classified cable modem service as a telecommunications service.
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