So, we’re saying that in Brand X Internet Services, the FCC successfully argued before the U.S. Supreme Court that cable modem service is an information service because consumers primarily perceived cable modem service as a way to access the internet versus making phone calls. Now the FCC is prepared to argue that they got it wrong?
With this type of back and forth interpretation of the Communications Act, the FCC runs the risk of not only plunging an ax into its own back but into the backs of consumers its allegedly trying to protect. Sorry Free Press, but the FCC had it right the first time in its 2002 Cable Modem order. The court said it back in 2005 and said it now that cable modem service is not subject to the egregious regulations of net neutrality and that, fortunately, is still the law of the land.
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