Will a Democrat-run FCC overturn the 2002 Cable Modem order that classifies cable as an information service and therefore exempts it from obligations such as Universal Service Fund (USF) contributions?
The question grows ever more valid as the FCC and Comcast Corp. (CMCSA) snit over whether the cable operator gives its VoIP product quality priority over IP telephony services provided by the likes of Skype or Vonage Holdings Corp. (VG)
Comcast has responded to the FCC’s January accusations, informing commissioners that Comcast’s VoIP service in fact runs over a wholly different network than do the over-the-top VoIP calls placed by customers using Vonage or Skype or any number of similar companies.
But perhaps more importantly, the cableco is defending its position as an information service, a regulatory classification that exempts certain providers from abiding by the same rules as telecom providers. The FCC last month said Comcast might in fact be a telecommunications service; that would make the company subject to common carrier regulations.
Comcast, of course, disagrees with that assessment and cited the 2002 Cable Modem decision as proof. So it will be interesting to see what happens next. The FCC’s acting chairman, Michael Copps, never wanted to classify cable as an information service and now that he’s in charge, it looks like he could try to overturn that ruling.