International Journal of Communications Law & Policy

OPEN ACCESS OF INTERNET SERVICE PROVIDERS TO THE CABLE OPERATORS' FACILITIES IN THE UNITED STATES
By Michael Rosenthal

Download the Paper in PDF Format: IJCLP Web-Doc 2-6-2001

Abstract

In the last years, the issue whether cable companies should be required to give unaffiliated Internet service providers open access to their broadband platforms has become a focus of debate in the United States. The debate centers on the question how competing Internet service providers will be able to use the broadband infrastructure of cable operators. Today, cable operators in the United States usually provide Internet access through wholly or partially owned affiliated Internet service providers. Unaffiliated Internet service providers claim that they would only be able to use the affiliated provider's service at the full retail price. Allegedly unable to compete with the affiliated Internet service providers' higher speed, wide availability, and relatively low cost, the unaffiliated providers try to obtain direct access to the cable network. This article outlines the significance of the open access debate and describes the positions of the players and of the Federal Communications Commission ("FCC"). It summarizes the first decisions rendered by US courts as well as the regulatory decisions on the AOL Time Warner merger. It further undertakes a detailed analysis of the statutory classification of broadband cable services and, finally, considers the policy implications of open access.

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