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From: carreraspyder	6/4/2005 11:31:21 PM
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Cable Line Sharing? Could Happen 'Brand X' decision due this month Whether you follow the mechanics of tech-politics or not, the Brand X case is absolutely monumental: it will determine whether cable providers must share their networks with outfits like Earthlink, and could lead to more ISP choices over your cable line. RCR News points out that a ruling by the Supreme Court in the case is expected this month. dslreports.com Broadband industry awaits Supreme Court decision in Brand X By Heather Forsgren Weaver Jun 3, 2005, RCR Wireless News WASHINGTON-Sometime this month, the Supreme Court will determine the future of broadband. "The next important piece of the broadband puzzle will be revealed when the Supreme Court rules in Brand X," said Thomas Navin, chief of the FCC's Wireline Competition Bureau. "How the Supreme Court rules will influence how the Federal Communications Commission encourages the deployment of broadband." The Supreme Court in March heard oral argument in the Brand X cases-the National Cable & Telecommunications Association vs. Brand X Internet Services and the FCC vs. Brand X. A decision is expected by the Supreme Court by the end of the month when the court leaves for its summer recess. Brand X Services Inc. is an independent ISP that wanted access to a cable system to offer its services to the cable operator's cable-modem customers. The company was blocked when the FCC declared cable-modem service an information service and thus not required to provide open access to other companies. The debate about what constitutes an information service vs. what makes a telecom service has far-flung ramifications for requirements about open access, universal service, enhanced 911 and law-enforcement surveillance. The FCC recently reached a consent agreement with Madison River Communications of Merbane, N.C., which included a $15,000 fine and an agreement that the local telephone company would stop blocking Vonage Holdings Corp. Vonage said it has also been blocked by Clearwire. Clearwire is a new wireless Internet service venture backed by cellular pioneer Craig McCaw. Vonage said it has come up with a technical fix for the Clearwire blockage. It is unclear whether the FCC could come to the same conclusion with cable companies or wireless Internet service providers like Clearwire as it did with Madison River, because Madison River is a telecommunications service and both cable and Clearwire are information services. The Supreme Court's ruling in Brand X is likely to add more clarity. (..a little more in url) rcrnews.com

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