Although overshadowed by Grokster, another major internet case will be argued in the Supreme Court on Tuesday. In National Cable & Telecommunications Association v.Brand X Internet Services (04-277), the Court will review whether the FCC was entitled to decide that cable modem service can be regulated under the Communications Act as an information service and not a telecommunications serve.
Courtesy of the ABA Supreme Court preview, Brand X Merit Briefs.
SCOTUSblog's Tom Goldman (who will argue for the respondents) previews Tuesday's Brand X Argument: "The case involves the classification of broadband Internet services under the federal communications laws. The case is significant because if a service is classified a ‘telecommunications service’ it is presumptively regulated as common carriage, as discussed below."
The New York Times: Supreme Court to Hear Case on Cable's Regulatory Duties: "The case revolves around a ruling issued in 2002 by the Federal Communications Commission that the service provided by cable companies should be defined as an 'information service,' and not a 'telecommunications service,' which is the designation given to traditional telephone companies."
Infoworld: Supreme Court to hear cable modem case: "A group of ISPs (Internet service providers) on Tuesday will ask the U.S. Supreme Court to require broadband cable providers to share their networks with competitors, just as incumbent U.S. telecommunications carriers were required to share their DSL (Digital Subscriber Line) networks during the past five years."
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