WASHINGTON, Dec. 3 (UPI) -- The U.S. Supreme Court said Friday it will hear argument on whether online cable access must allow rivals to use its equipment.
The case could ultimately decide whether cable operators must provide use of their facilities to online competitors, much as telephone carriers must allow rivals the opportunity to lease their facilities.
The Federal Communications Commission has ruled that online cable modem service is simply an "information" service, and not regulated under the federal Communications Act.
That meant local communities could not force cable modem services to carry competitors.
But a number of companies and local governments challenged the interpretation, and the 9th U.S. Circuit Court of Appeals in San Francisco was chosen by lot among several circuits to hear the case.
That court threw out the FCC finding, and ruled that broadband cable modem access has a telecommunications component.
