Third Circuit: Court Confirms FCC Acted Reasonably in Wireline Broadband Order

(October 17, 2007)

In a unanimous three-judge panel opinion issued October 16, 2007, the Third Circuit Court of Appeals denied several petitions for review filed by cable modem providers such as Time Warner, independent Internet service providers such as EarthLink, competing telecommunications service providers, and other groups seeking review of the FCC’s 2005 Wireline Broadband Order.  In Time Warner v. FCC, No. 05-4769, the Court held that the FCC’s Order was based upon a reasonable interpretation of the Communications Act of 1934 and a proper exercise of the FCC’s discretion.  The panel’s ruling essentially affirms the FCC’s Order.  Parties seeking to reverse the FCC may now seek review by the full 3rd Circuit, or petition the United States Supreme Court directly seeking further review. 

In its Wireline Broadband Order issued in 2005, the FCC characterized wireline DSL service an information service not subject to mandatory network line sharing rules.  The Wireline Broadband Order essentially following a similar policy established for cable modem broadband service in the FCC’s Cable Modem Declaratory Ruling, which was upheld by the U.S. Supreme Court in the Brand X decision, Nat’l Cable & Telecomm. Ass’n v. Brand X Internet Svcs.

A copy of the full opinion is available by clicking here.