Pole Attachment Development (December 3, 2004)
Supreme Court Grants Certiorari of Brand X Decision

Date: Dec 03, 2004

The U.S. Supreme Court today granted the requests of the cable industry and FCC to hear their appeals of the Ninth Circuit's Brand X decision. As explained previously, Brand X held that the transmission component of cable broadband service is a telecommunications service. If upheld, that decision would subject cable modem service to telecommunications regulations, and from a pole attachment perspective, would entitle regulated utility pole owners to charge cable companies offering such service the higher telecommunications rate for such attachments.

Because the Supreme Court has decided to hear the case, the Ninth Circuit's stay of that decision remains in effect until the high court resolves this matter one way or the other.

If you have any questions or comments about today's decision, please contact Tom Magee at 202-434-4128 or magee@khlaw.com.