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To: ahhaha who wrote (23277)6/22/2000 2:15:00 PM
From: G_Barr  Read Replies (2) | Respond to of 29970
 
Not really a complete victory for ATT, at least in their eyes. The decision basically says that state and local authorities have no authority to regulate cable internet access because it is a "telecommunications service" and not a "cable service". However, the court makes clear that the FCC could regulate such service including by instituting common carrier regulations. ATT had argued all along that cable internet access was a "cable service", the regulation of which was preempted by the Cable Act. This was the way the district court in Virginia recently ruled. In such a case, not even the FCC could impose common carrier type regulations. Pretty typical for the 9th Circuit to take it upon themselves to rule on a grounds that was not argued by either party below.