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To: CGarcia who wrote (16707)11/4/1999 9:33:00 PM
From: ahhaha  Respond to of 29970
 
The Supreme Court has stated they won't hear this case. They're wrong, of course, and you're right. They have to hear it because it is a case between state power and national government power. Who has jurisdiction? Also, the case challenges the validity of the '96 Act and so an act of Congress is challenged. That is Supreme Court venue.

The three judges will not be able to decide whether BB:cable is telecommunications or CATV. They shouldn't be able to decide because it isn't either. Att and OA are both wrong. BB:cable is a separate and distinct market independent of other associated markets like BB:copper or BB:wireless. The association is only incidental, because the surprising fact is that it is difficult to argue that they directly compete. Where you have BB:cable available, the others walk. It will be the Supreme Court who makes this finding resolution.

Not that we could give a shit.