Ops again face forced access.(cable operators)

Multichannel News, September, 2004 by Hearn, Ted

WASHINGTON -- It's "what if" time for the cable industry. Cable operators are facing a legal endgame that could require them to open their lines to competing Internet-service providers under regulations that have applied to the Baby Bells for decades. Perhaps in only a few months, open access could be the law of the land if the Supreme Court refuses to disturb a lower court ruling that found cable-modem service is partly a telecommunications service subject to common carrier regulation.

The high court is reviewing a Justice Department request that it should overturn a ruling by the U.S. Court of Appeals for the 9th Circuit in a case called Brand X Internet Services v. Federal Communications Commission, which struck down an FCC order from March...

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