About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

71 U. Colo. L. Rev. 975 (2000)
The Vertical Dimension of Cable Open Access

handle is hein.journals/ucollr71 and id is 1003 raw text is: THE VERTICAL DIMENSION OF CABLE OPEN ACCESS JAMES B. SPETA* INTRODUCTION The debate over whether the owners of broadband internet access systems should be required to provide open access has, to date, largely focused on a single issue: whether cable televi- sion companies will use their control over transmission to dis- advantage unaffiliated internet service providers (ISPs) and unaffiliated content providers. The debate has focused on cable companies because cable companies currently lead the market in providing broadband internet access and because cable com- panies are not subject to the unbundling rules applicable to monopolistic local telephone companies. AT&T and other cable companies currently require their customers to purchase inter- net services through an affiliated ISP. Although AT&T and others permit a subscriber to access all of the content available on the internet, open access advocates contend that cable com- panies are forcing customers to pay twice and are endanger- ing open and free competition in the internet. Moreover, cable companies currently have in place certain use restrictions, such as limits on broadcast-quality streaming video, that open ac- cess advocates claim are unnecessary and anticompetitive. The argument has centered almost exclusively on two is- sues: whether cable companies will, for a relevant time, have market power in a market for the delivery of high speed inter- net access, and whether the cable companies' requirements that customers purchase service through an affiliated ISP * Assistant Professor, Northwestern University School of Law. My thanks to Joseph D. Kearney for comments on early drafts, to the symposium partici- pants for additional thoughts, and especially to Mark Cooper for the spirited de- bate. I am also indebted to Scott Colwell and Margaret Kaplan for their valuable research assistance. In the interest of full disclosure, I should state that before entering legal academics in 1998, I was an attorney with Sidley & Austin and worked on a significant number of matters representing AT&T, though not with respect to any internet or cable matters. I have no continuing relationship with AT&T (or any telecommunications company) except as a customer of its services.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most