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To: SLSUSMA who wrote (22178)	5/13/2000 11:27:00 AM
From: Big Dog	Read Replies (1) \| Respond to of 29970

AT&T Wins Henrico Cable Access Ruling By Peter S. Goodman Washington Post Staff Writer Friday, May 12, 2000; Page E03 A federal judge in Richmond has struck down a local law aimed at forcing AT&T Corp. to share its cable television lines with rival providers of high-speed Internet service, the latest turn in a long-running battle over the future shape of the global computer system. In a decision released Wednesday, Judge Richard L. Williams of the U.S. District Court for Eastern Virginia ruled that the Henrico County Board of Supervisors exceeded its authority under state law and violated federal law on cable services when it adopted an ordinance last December forcing AT&T to allow multiple Internet providers to ride its wires into homes. AT&T celebrated the decision as one that evens the score in a national battle sparked by the cable industry's transformation into a leading conduit for high-speed Internet links. A federal judge in Portland, Ore., last year ruled against AT&T in a similar dispute. AT&T is awaiting a decision in an appeal lodged at the 9th Circuit. "The entire issue of forced access is currently on life support--and fading fast," said AT&T General Counsel Jim Cicconi. "The issue was always more a product of sound bites than sound law." But AT&T's opponents, who have mounted a veritable crusade to force cable companies to share their systems with multiple Internet providers, dismissed the decision as a minor setback. They said their advocacy has already forced the nation's major cable companies, including AT&T and Time Warner, to promise customers a choice of providers. "We've changed the forum," said Greg Simon, co-director of the OpenNet coalition, which represents Internet providers and local telephone companies. "People who a year ago said 'Hell, no' are now saying they're going to do it." Henrico County, which is just outside Richmond, adopted its ordinance at the urging of OpenNet, GTE Corp. and America Online Inc., the nation's largest Internet service provider. They have argued that "open access" rules are required to prevent the cable industry from gaining too much power as an Internet gatekeeper. AOL renounced that position after its agreement in January to purchase Time Warner, and it now says the market can best ensure consumer choice. "The forced-access issue has really mutated," said Cicconi, the AT&T general counsel. "It started as an AOL-spawned-and-propagated issue, and today it's really fueled and financed almost solely by the local phone monopolies, who are trying to keep out competition from the cable companies." Henrico County took action as AT&T sought to acquire licenses for cable franchises it purchased from MediaOne Group in a deal still awaiting federal approval. The Portland case was triggered by AT&T's application to transfer licenses from another company it bought, Tele-Communications Inc., the nation's largest cable system. Other municipalities have also sought to impose open access rules on cable companies, including Fairfax City and Broward County, Fla --------------------------------------------------------------------------------