To: GraceZ who wrote (23274 ) 6/22/2000 1:59:00 PM From: ahhaha Read Replies (1) | Respond to of 29970
An item from your link. This is quite an important point: Because Portland premised its open access condition on its position that @Home is a "cable service" governed by the franchise, we begin with the question of whether the @Home service truly is a "cable service" as Congress defined it in the Communications Act. We conclude that it is not. [1] Subject to limited exceptions, the Communications Act provides that "a cable operator may not provide cable service without a franchise." 47 U.S.C. S 541(b)(1). The Act defines "cable service" as "(A) the one-way transmission to subscrib- ers of (i) video programming, or (ii) other programming ser- vice, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service." 47 U.S.C. S 522(6). For the purposes of this definition, "video programming" means "programming provided by, or generally considered comparable to program- ming provided by, a television broadcast station, " 47 U.S.C. S 522(20), and "other programming service " means "informa- tion that a cable operator makes available to all subscribers generally." 47 U.S.C. S 522(14). The essence of cable service, 6759 therefore, is one-way transmission of programming to sub- scribers generally. [2] This definition does not fit @Home. Internet access is not one-way and general, but interactive and individual beyond the "subscriber interaction" contemplated by the stat- ute. Accessing Web pages, navigating the Web's hypertext links, corresponding via e-mail, and participating in live chat groups involve two-way communication and information exchange unmatched by the act of electing to receive a one- way transmission of cable or pay-per-view television pro- gramming. And unlike transmission of a cable television sig- nal, communication with a Web site involves a series of connections involving two-way information exchange and storage, even when a user views seemingly static content. Thus, the communication concepts are distinct in both a prac- tical and a technical sense. Surfing cable channels is one thing; surfing the Internet over a cable broadband connection is quite another.