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HIGH-SPEED INTERNET USERS COULD BENEFIT FROM LAWSUIT

LAWSUIT AFFECTS COX COMMUNICATIONS OR COXCOM USERS

Date: Friday, December 14, 2001
Section: VIRGINIA
Page: B5
Byline: JEN McCAFFERY THE ROANOKE TIMES

Summary: At issue is whether the plaintiffs' Internet access is a telecommunications service or a cable service. All high-speed Internet-service subscribers in the Western District of Virginia who get their service from Cox Communications or CoxCom could recover funds if a federal case alleging the companies are charging unfair and discriminatory fees for that service is successful.

Chief U.S. District Judge Samuel Wilson declined, however, to certify a group of subscribers from nearly the whole nation. At issue in the case is whether plaintiffs Billy and Kim Bova's Internet access through their cable system is a "telecommunications service" or a "cable service" under federal law.

Cox Communications currently has franchise agreements with local governments and charges franchise fees of $1.50 to $2.00 a month as a "cable service." The Bovas are arguing that the service is a telecommunications service and thus Cox Communication should not be able to charge a franchise fee.

A similar case from the 9th Circuit in the western United States is pending before the Supreme Court. Wilson recently postponed the trial in the Bova case, awaiting the Supreme Court ruling. The Supreme Court heard arguments in October when the 9th Circuit case was appealed and should resolve the case by the end of the current session in June.

"We're all hopeful that the Supreme Court is finally going to decide this issue," said Roanoke attorney John Fishwick, who is representing the Bovas.

Attorneys:

• John Fishwick

Practice areas:

• Commercial Litigation

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