FAQ: What is Brand X really about?

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Cable Companies Never Regulated as Common Carriers

No. Cable companies have never been classified as common carriers by the FCC, and they have never been Title II of the Communications Act of 1934, as amended (which imposes common carrier obligations such as having to open up their networks to competitors). Cable providers are instead regulated under Title VI of the Act. This is a wholly different ball of regulatory wax.

I know this is simplifying things a bit, but cable internet companies (and other ISPs) are generally exempt from liability for the content that is transmitted on their networks under libel and defamation laws so long as they are acting merely as a "distributor" of information. This has nothing to do with "common carrier" status.

The court in the Prodigy case was comparing the role of the ISP (as merely a conduit for messaging) to that of a common carrier (which likewise does not have any control over what people say over its lines). It didn't rule that ISPs like Prodigy were common carriers.

Copyright works the same way. Common Carriers may be found liable for contributory infringement if they know about or otherwise facilitate another person's infringing activity. However, they are generally shielded from liability if they are merely acting as a conduit.

I hope this helps.

I'm just afraid that the Brand X decision will give the FCC too much unchecked authority to issue inconsistent rulings. By saying that the Agency's "expert" interpretation of its implementing statute (if a plausible reading) always trumps a court's interpretation (even if the Court has a more logical reading), the decision leaves the FCC (and, by implication, other agencies) with the unchecked ability to push whatever regulatory agenda they want to pursue.

Posted by: dcmitchell   Posted on: 06/28/05 You are currently: a Guest | Members login | Terms of Use

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