Supreme Court Will Review Brand X Case

Alan Breznick, Cable/Video Practice Leader, Light Reading

December 6, 2004

1 Min Read
Supreme Court Will Review Brand X Case

Cable industry lawyers are exchanging high-fives today after the U.S. Supreme Court agreed to take a hotly disputed case involving the regulatory classification of cable-modem service. In a widely awaited announcement Friday, the high court said it will review a controversial lower court decision that could lead to open-access mandates for cable operators. The earlier ruling in the Brand X case, handed down by the the U.S. Court of Appeals for the Ninth Circuit in California, classified cable high-speed data as partly a telecom service. That would leave it open to traditional phone regulations, which mandate line-sharing. So cable operators could find themselves facing open-access obligations if the Ninth Circuit's ruling stands. With backing from both the cable and phone industries, the FCC has sought to treat cable data as solely an unregulated information service. But the Ninth Circuit, standing by its earlier decision, turned down the agency's appeal. Now, the Supreme Court will apparently decide the issue sometime in the spring. Cable lawyers are hopeful that the high court will rule in the industry's favor because the justices, if they agreed with the Ninth Circuit, could have just rejected the case. But consumer advocates and ISPs, while disappointed by the review decision, said they're also confident of winning.

About the Author(s)

Alan Breznick

Cable/Video Practice Leader, Light Reading

Alan Breznick is a business editor and research analyst who has tracked the cable, broadband and video markets like an over-bred bloodhound for more than 20 years.

As a senior analyst at Light Reading's research arm, Heavy Reading, for six years, Alan authored numerous reports, columns, white papers and case studies, moderated dozens of webinars, and organized and hosted more than 15 -- count 'em --regional conferences on cable, broadband and IPTV technology topics. And all this while maintaining a summer job as an ostrich wrangler.

Before that, he was the founding editor of Light Reading Cable, transforming a monthly newsletter into a daily website. Prior to joining Light Reading, Alan was a broadband analyst for Kinetic Strategies and a contributing analyst for One Touch Intelligence.

He is based in the Toronto area, though is New York born and bred. Just ask, and he will take you on a power-walking tour of Manhattan, pointing out the tourist hotspots and the places that make up his personal timeline: The bench where he smoked his first pipe; the alley where he won his first fist fight. That kind of thing.

Subscribe and receive the latest news from the industry.
Join 62,000+ members. Yes it's completely free.

You May Also Like