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To: Johnny Canuck who wrote (41009)	4/9/2004 11:11:13 PM
From: Johnny Canuck	Read Replies (1) \| Respond to of 70668

Court lets cable off the hook--for now Last modified: April 9, 2004, 3:45 PM PDT By Reuters A court ruling that could have forced cable companies to offer customers a choice of Internet service providers has been suspended while regulators and cable companies appeal to the U.S. Supreme Court. The U.S. Court of Appeals for the Ninth Circuit in San Francisco on Friday said it would grant petitions from the Federal Communications Commission and cable companies for a stay, pending consideration of the case by the high court. The appellate court ruled in October that the FCC should have classified high-speed Internet service over cable as a telecommunications service instead of as an information service--including requiring a choice of Internet service when customers sign up for cable broadband. The appeals court last week refused to reconsider its decision that regulators improperly insulated cable companies from strict regulations. The National Cable & Telecommunications Association, which represents major cable operators like Time Warner and Comcast, welcomed Friday's order. "We will now turn our attention to developing our formal appeal to the U.S. Supreme Court and look forward to having this case decided on its merits," NCTA Senior Vice President Dan Brenner said in a statement. The FCC decided in March 2002 that high-speed Internet service from cable companies was an information service, and therefore not immediately subject to access requirements. The FCC has asked for comment on whether it should require cable companies to give consumers a choice of Internet service providers. Some cable companies already do provide some choice. ISPs like EarthLink hailed the appeals court's original decision as finally giving consumers a choice.