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Administrative Law Keyed to Lawson
National Cable & Telecommunications Association v. Brand X Internet Services
Citation:
545 U.S. 967, 125 S. Ct. 2688, 162 L. Ed. 2d 820 (2005)Facts
In 2002, the FCC issued a Declaratory Ruling classifying broadband internet service provided by cable companies as an “information service” rather than a “telecommunications service” under the Communications Act. This classification exempted cable companies from mandatory common carrier regulation, including requirements to lease their networks to competing ISPs. The FCC reasoned that cable modem service was a single, integrated offering that combined the transmission of data with computer processing, information provision, and other computer-mediated capabilities. Brand X and other independent ISPs challenged this ruling, arguing that cable modem service included a telecommunications service component that should be subject to common carrier regulation. The Ninth Circuit vacated the FCC’s ruling, holding that it was bound by its prior decision in AT&T Corp. v. Portland, which had interpreted the Communications Act differently.
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