June 18, 2009

Reasoning of The Court

The main reasons for why the court came to this decision it among the following.
Chief among them was whether the Federal Communications Commission was in the right to decide that “for purposes of regulation under the Communications Act, cable operators offering so-called ‘cable modem service’ (high-speed Internet access over cable television systems) provide only an “information service and not a ‘telecommunications service’”(11). Did they, Federal Communications Commission, use power that they did not have to regulate and mandate orders in to affect?

The second question was whether or not the previous courts of appeals had erred in, “holding holding that the Federal Communications Commission had impermissibly concluded that cable modem service is an ‘information service,’ without a separately regulated telecommunications service component, under the Communications Act of
1934, 47 U .S.C. 151 et seq.(9)(10).
 
 
(11)
http://www.supremecourtus.gov/qp/04-00277qp.pdf

(10)
http://www.supremecourtus.gov/qp/04-00277qp.pdf

(9)
Communications Act of 1934, 47 U .S.C. 151 et seq

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