AT&T v City Of Portland

1.“This appeal presents the question of whether a local cable franchising authority may condition a transfer of a cable franchise upon the cable operator’s grant of unrestricted access to its cable broadband transmission facilities for ISPs other than the operator’s proprietary service. The communications act prohibits a franchising authority from doing so.”

2. Because cable internet transmission is a “telcom service” and not “cable service” it is not affected by cable license transfers as described in communications act

3. This is a Net Neutrality case: Court didn’t say cable operators are immune from open access rules or even decide if open access is good for the public.

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