Decision Gives ISPs Access to Cable Broadband Lines

SAN FRANCISCO – A federal appeals court decision to refuse to rehear a key ruling concerning cable broadband service is certain to invite more competition – and perhaps lower prices – among high-speed providers.

Cable broadband industry officials say the ruling could ultimately trigger the same kind of consumer pricing that exists with slower dial-up service.

The 9th U.S. Circuit Court of Appeals refused to rehear a key decision by a three-judge panel that said cable modem service should be classified as a telecommunications service, which is subject to strict regulatory regimes, rather than the unregulated "information service" definition adopted by the Federal Communications Commission.

"The petitions for rehearing and suggestions for rehearing en banc are therefore denied," the court said in a two-sentence order released late Wednesday.

This week’s decision may increase pressure on cable providers that now must deal with having to provide access for independent Internet service providers. And regional telephone companies may feel the impact as well because the FCC was considering classifying DSL service as telephone’s version of broadband.

More than 7.4 million customers signed up for broadband services, bringing the total subscribers to nearly 25 million, according to market tracker Leichtman Research Group of Durham, N.H.

Internet service providers like Atlanta-based Earthlink Inc. pushed for the telecommunications definition, which could require cable companies to open their networks to all competing ISPs.

In a statement to XBiz, Earthlink said that the “decision by the 9th Circuit confirms what EarthLink has been saying for over five years now, that cable modem service contains a telecommunications service. Cable modem users deserve choice in high-speed Internet providers. [The] ruling is another step towards finally affording them that choice."

The U.S. cable industry immediately called for an appeal, but that move could prove difficult and futile. While the FCC still has the discretion to decline from imposing telecom rules on cable modem service, the classification would make it easier for future commissions to reverse course.

And the U.S. Supreme Court may decline to review the case because there is no split in appellate circuit courts and that it only affects narrow administrative rules of the 9th Circuit, based in San Francisco.

The history of the case dates back to a ruling by the 9th Circuit in 2000, upholding a U.S. District Court ruling out of Portland, Ore., that cable modem service is a telecom service required to give non-affiliated ISPs access to its network.

The case is Brand X Internet Services, et al. vs. FCC, No. 02-70518 (consolidated cases).

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Show More