On Monday Powell’s FCC was delivered another legal blow by the Ninth
Circuit Court of Appeals, which ruled against that the Commission’s “deregulation” of cable modems. Earlier this year the FCC decided to classify cable modems as different than other Internet telecomm, like telephone-based DSL, thus removing the requirement that cable companies open up access to their lines just like local telcos are required to do. The court said that the Commission must continue to cable modem offerings as a telecommunications service, subjecting it to the same regulations governing DSL service provided by telcos.
The decision means that an outside ISP, like Earthlink, would be permitted to lease access to cable modem lines to offer its Internet service over cable modems, in addition to DSL and phone modems. It also means that cable modem customers, who typically only have one provider to choose from, might have a range of choices for this type of Internet service.
It’s amazing how in the name of promoting diversity and competition, Powell manages to do just the opposite, fortifying the power of incumbent monopolies.
But it’s also good to see him get bonked for such duplicitous bullshit.
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