Resolution Supporting a policy that Cable Modem Service Contains a Telecommunications Service.
WHEREAS, The United States Court of Appeals for the Ninth Circuit has reaffirmed its determination that the transmission of traffic between Internet Service Providers and Internet service subscribers over cable broadband facilities is a telecommunications service under the Communications Act;
WHEREAS, The Court stated that cable modems are one of the two current principal pipelines through which consumers can receive broadband access;
WHEREAS, NASUCA has previously adopted a resolution calling for open access to cable modems;
WHEREAS, the Federal Communications Commission will conduct proceedings to further examine cable modem service;
WHEREAS, states have a legitimate role to play in the regulation of telecommunications services;
THEREFORE, BE IT RESOLVED, that NASUCA supports a policy that cable modem service contains both information service and telecommunications service components;
THEREFORE, BE IT ALSO RESOLVED, that NASUCA will advocate a policy that cable modem service contains both information service and telecommunications service components before the Federal Communications Commission, and other appropriate forums;
THEREFORE, BE IT ALSO RESOLVED, that NASUCA urges the FCC to exercise caution so that it does not preempt states from regulating telecommunications services, including cable modem service; and
BE IT FURTHER RESOLVED, that the Telecommunications Committee of NASUCA, with the approval of the Executive Committee of NASUCA, is authorized to take all steps consistent with this Resolution in order to secure its implementation.
Approved by NASUCA:
Place: Atlanta, GA