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22 Whittier L. Rev. 3 (2000-2001)
Open Access to Cable Modems

handle is hein.journals/whitlr22 and id is 13 raw text is: OPEN ACCESS TO CABLE MODEMS* MARK A. LEMLEY LAWRENCE LESSIG What follows is an ex parte declaration we filed with the Federal Communications Commission (FCC) in December 1999 on the question of open access to broadband cable Internet services.l We filed this declaration in connection with the proposed merger of AT&T and MediaOne. In it, we suggested that the FCC condition approval of the merger on a commitment by AT&T to reverse its policy of linking cable modem service to the use of its in-house Internet service provider-@Home. Events have moved rapidly since we filed this declaration. AT&T has tentatively agreed to open its cable modem service to competing ISPs, decoupling the provision of ISP services from the provision of broadband cable Internet access. The AT&T/MediaOne merger will shortly be resolved. However, when America Online (the nation's largest ISP) recently bought Time-Warner (the nation's second-largest cable company), new questions about AOL's commitment to open access in the broadband cable market were raised. * © 2000 Mark A. Lemley & Lawrence Lessig. This ex parte declaration was filed with the Federal Communications Commission regarding In re Application for Consent to the Transfer of Control of Licenses MediaOne Group, Inc. to AT&T Corp., Fed. Commun. Commn., CS Docket No. 99-251 (Dec. 1999). This publication preserves the substance of the exparte declaration. ** Lemley is a Professor of Law at the Boalt Hall School of Law, University of California at Berkeley, and of counsel to Fish & Richardson P.C. Lessig is a Professor of Law at Stanford Law School. 1. In re Application for Consent to the Transfer of Control of Licenses MediaOne Group, Inc. to AT&T Corp., Fed. Commun. Commn., CS Docket No. 99-251 (Dec. 1999).

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