The statutory classification of cable-delivered Internet service

Cable systems, once regarded merely as a means of delivering television sig nals to rural areas, can now supply high-speed Internet access to virtually every earner of the United States. The resulting revenue opportunities hav e spawned a movement for open access to cable systems, calling for firms to open their proprietary infrastructures to competitors. Some local governme nts have attempted to mandate open access under their federal grant of juri sdiction over cable service. This Note argues that, under the relevant defi nitions in the Communications Act of 1934, cable-delivered Internet service is an information service, not a cable or telecommunications service as su ggested elsewhere. Therefore, localities have no authority to impose open a ccess conditions on cable systems. The information service classification r epresents the most reasonable reading of the relevant statutory language, a nd will allow cable firms to roll out Internet service under a more efficie nt and consumer friendly regime of regulatory certainty.