This has some relevency to those who would
like some choices for cable ISP...eg, to choose
one that allows sharing...
seems to me it ought to be opened up.

excerpts below, full article...

http://www.eweek.com/article2/0,1759,1779802,00.asp?kc=ewnws032805dtx1k0000599


Supreme Court Will Rule on ISP Cable Access
By Wayne Rash
March 25, 2005

When Brand X, a California ISP, gets its day in the Supreme Court on
Tuesday, there will be a lot more at stake than whether the company can
get access to cable lines. In fact, depending on the details of the court
decision, the case could determine the way in which the Federal
Communications Commission regulates phone and information companies.

...
The FCC tried a number of end runs around the courts, but eventually the
9th Circuit said that only the Supreme Court or Congress could overrule
it. Finally, the FCC was forced to appeal the decision to the Supreme
Court.




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