Statement of CDD on 9th Circuit "Open Access " decision

FOR IMMEDIATE RELEASE
October 8, 2003

Contact: Jeff Chester, Center for Digital Democracy (202) 452-9898

This decision should "stop in its tracks" the attempt by both the cable industry and FCC chairman Michael Powell to change the fundamental nature of the Internet. It helps preserve the Internet's unique ability--as it makes the leap to a high-speed broadband system--to promote diversity of expression.

The court found that the cable industry and the FCC must uphold the Internet's open architecture, including providing a choice of Internet Service Providers (ISPs). The ruling now derails, for the moment, the cable industry's plan to expand its monopoly business model into the broadband arena. Despite the claims of Comcast and others, the cable industry is not providing the public with real choice when it comes to broadband communications. Finally, the decision underscores the need for a "regime change" at the FCC. Michael Powell's peculiar theories, which ultimately promote monopoly control over both broadcasting and broadband instead of fostering real competition and choice, are clearly being rebuked.

CDD was one of the three public interest petitioners in the case, which included Consumers Union and Consumer Federation of America. We were represented by the Media Access Project.