FCC's Martin: Brand X Decision Will Advance Broadband

FCC Chairman Kevin J. Martin issued a brief statement today approving of the U.S. Supreme Court's decision today in the Brand X case. The Court today upheld the agency's 2002 ruling declaring that a cable company does not have to share its broadband infrastructure with an independent ISP.

Martin's statement reads:

"I am pleased that the U.S. Supreme Court has affirmed the FCC’s ruling.  This decision provides much-needed regulatory clarity and a framework for broadband that can be applied to all providers.  We can now move forward quickly to finalize regulations that will spur the deployment of broadband services for all Americans."

Naturally, many do not agree that this decision is good news for broadband deployment in the States.

In his blog today, TMC President Rich Tehrani says this decision is "bad for consumers." Rich has a hard time seeing how this development can result in greater competition in the broadband space: "What we will be left with are two competitors, ILECs and cable companies, with the potential for broadband over power line and WiMAX making some sort of competitive dent."

It's hard for me to see that BPL and WiMAX are going to do much to improve the picture in the near term. The silver lining in the cloud? Says Rich: "Consumers can rest assured that if they want competition for Internet service, they can always go back to dialup."

TMCnet's Communications and Broadband columnist Ted Glanzer, in his article today, "Unpacking the Brand X Decision," quotes Jim Pickrell, owner of Brand X, who is understandably bitter over today's outcome: "It’s a terrible decision. It's bad for consumers and it is bad business ... [Brand X is] effectively locked out ... It’s an end to competition in broadband and telephone ... For us it’s a disaster."

To get the opposite perspective, Ted also interviewed former FCC official Carol Mattey, who thinks today's decision gives cable companies and telcos the financial incentive to build broadband infrastructure. “The ISPs aren’t spending $95 billion [like] cable companies [are] to convert to digital,” she told Ted.

Here are the pieces we've published today on TMCnet relevant to today's Supreme Court news:

High Court: Cable Cos. Need Not Share Lines With Rival Internet Providers -- Hope Yen, Associated Press

Brand X Decision: We Can Always Go Back to Dialup -- Rich Tehrani, TMC Technology Analysis Columnist

Unpacking the Brand X Decision -- Ted Glanzer, TMCnet Communications and Broadband Columnist

AB -- 6/27/05