Access ruling settles little: impact unclear from FCC's legal setback on cable data carriage.

Multichannel News, October, 2003 by Hearn, Ted

WASHINGTON -- The cable bar has a new motto: Losing never felt so good. For the second time in three years, a three-judge panel of the U.S. Court of Appeals for fire 9th Circuit has said cable-modem service, the cable industry's cash cow, is legally in part a telecommunications service.

Theoretically, that means cable operators could be required to open their lines to competing Internet-service providers (ISPs)--a mandate cable has been trying to avoid since 1998, when America Online Inc. started an open-access crusade in response to AT&T Corp.'s acquisition of Tele-Communications Inc. ISPs EXULT The court ruling seemed like a cable defeat--and ISPs treated it that way. "Cable-modem users deserve choice in high-speed Internet...

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