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CONTACT: Patrick Ross
June 27, 2005
(202) 289-8928
PFF Fellow Welcomes Brand X Decision
Dixon Cites Victory for Consumers

WASHINGTON D.C. - The U.S. Supreme Court this morning in a 6-3 decision upheld the Federal Communications Commission in Brand X v. FCC. In a decision authored by Justice Clarence Thomas, providers of high-speed Internet access over cable have no legal obligation to allow access to their infrastructure for other Internet service providers. The majority agreed with the FCC that cable modem service providers shouldn't be regulated under common-carrier regulations, and Thomas said the High Court was giving the FCC due deference on the matter. The Progress & Freedom Foundation will be hosting a Congressional Seminar on the decision July 15.

The following statement may be attributed to Progress & Freedom Foundation Senior Fellow Kyle Dixon, director of PFF's Federal Institute for Regulatory Law & Economics. He was the FCC's broadband advisor under former Chairman Michael Powell:

"This is a hands-down victory for consumers, maximizing incentives to build competing broadband networks. The Court sent a strong message to the market: 'Compete, don't look for government hand-outs.'"

Dixon and PFF Senior Fellow Randolph May, director of PFF's Communications Policy Studies, are available for further comment and analysis.

On July 15 PFF will host a Congressional Seminar on the Brand X case featuring a panel of experts, who will discuss what the case means for the regulation of broadband services going forward and what effect it may have on efforts in Congress to reform communications regulation. Lunch will be served. Those interested in attending may register online. Media questions should be directed to Patrick Ross at 202-289-8928 or Others should contact Andrea Knutsen at 202-289-8928 or

The Progress & Freedom Foundation is a market-oriented think tank that studies the digital revolution and its implications for public policy. It is a 501(c)(3) research & educational organization.



The Progress & Freedom Foundation