December 01, 2003
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For Immediate Release November 19, 2002
Contact: Rob Stoddard, 202/775-3629

LAW REVIEW ARTICLE CONCLUDES THAT "OPEN ACCESS" INTERNET REGIME DOES MORE HARM THAN GOOD


In this law review article, entitled "Hits and Myths from 'Cable Access,'" published by Michigan State University - Detroit College of Law (Volume 2002, Fall, Issue 3), Daniel Brenner, Senior VP, Law and Regulatory Policy at the National Cable & Telecommunications Association (NCTA), concludes that there are more harms than benefits to an "open access" internet service provider (ISP) regime.

As to open access benefits, Brenner notes that while some "diversity" in customer service or billing plans might result by requiring access for unaffiliated ISPs on cable plants,
  • first amendment diversity is not enhanced by forced access;
  • cable operators provide unfettered access to all Internet web sites;
  • access to content is not restricted; and the minuses of a forced access regime outweigh the benefits.
Complex government regulation of price and access terms and a slow-down of broadband access technology at a relatively early stage in its development pose significant costs. Brenner concludes that vigilance by the FCC to insure continued wide access to content is a desirable government objective, but greater regulation would be a mistake.

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