Ninth Circuit Reverses FCC and holds cable Internet service is both a telecommunications and an information service

Today, October 6, 2003, the Ninth Circuit Court of Appeals issued its decision in Brand X Internet Services v. FCC, reversing the FCC's order classifying cable Internet service as an "information service." The Court held it was bound by its previous ruling in AT&T v. City of Portland that cable Internet service consists of two elements, a pipeline and Internet service transmitted via that pipeline, and that the latter is a telecommunications service.


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