I’d like to put aside, permanently, the debate about the correct classification of cable service, which has been argued in the courts for years. In fact, the underlying question—what is digital communications—has been endlessly and unproductively analyzed in legal and regulatory areas since the 1970s. The classification question during the disco era, is it basic or is it enhanced service?, is still with us in the iPad age in the form of, is it telecommunication or information?
To me, the bigger issue is why making the right choice from the FCC’s categorization menu—telecommunications, information services, advanced services, advanced services with telecommunications (DSL), advanced services minus telecommunications (cable modem), etc. —has become the only way to impose non-trivial obligations on carrier and service providers.Continue reading