The National Cable & Telecommunications Association (NCTA) got its wish on April 9 when the U.S. Court of Appeals for the Ninth Circuit granted a request to stay a mandate that could determine how cable modem services are classified.
In a move that could reopen the so-called "Open Access" debate, the Ninth Circuit rejected in late March the Federal Communications Commission's position that cable modem service should be classified as an information service rather than a telecommunications service.
The NCTA urged the Ninth Circuit to stay its decision on the "Brand X" case until the Supreme Court decides if it will hear the appeal. Cable's top lobbying group has argued that applying a telecommunications service label on cable modem services would "deter new investment and impose unnecessary costs on broadband services."
Without a stay, the decision would have gone into effect on April 7. The Ninth Circuit granted the stay until June 30, 2004.