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Technology Stocks : AT&T
T 24.56-1.1%Jan 2 9:30 AM EST
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To: polarisnh who wrote (2550)6/9/1999 1:52:00 PM
From: lml   of 4298
 
PT:

The issue the ruling addressed was not free open access, but whether the local franchise authority has the right to compel open access & therefore dictate what T could charge ISPs for use of its cable modem platform.

T obviously has no problem with providing access to other providers. Michael Armstrong has gone on record stating he would like nothing more than to sit down with Steve Case & negotiate a deal to carry AOL on its platform. Where T & the local franchise authority differ is the power to dictate pricing.

The judge knows his ruling will be appealed. His purpose was to bring the issue of open access to the forefront because of reluctance by the FCC to adopt some form of affirmative policy on this area. Now the issue is within the purview of the courts since there is now a real case or controversy. This is how the law & the courts work.

IMHO, the summary judgment ruling on this matter is fundamentally flawed. But what better way for the judge to quickly kick the matter up to the appellate level where it should be addressed.
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