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Federal Appeals Court Stays Ruling On Regulatory Classification of High Speed Internet Access

April 22, 2004

By Global Telecommunications and Media Practice Group

On April 9, 2004, the federal Court of Appeals for the Ninth Circuit stayed the issuance of the mandate of the Ninth Circuit’s October 2003 ruling in Brand X Internet Services, et al. v. FCC . The October 2003 decision overturned a declaration by the Federal Communications Commission that broadband Internet access provided by cable television systems is exempt from the non-discrimination, interconnection, and other requirements imposed on telecommunications services providers.