*Pages 1--1 from Microsoft Word - 44471.doc* NEWS Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 FOR IMMEDIATE RELEASE NEWS MEDIA CONTACTS December 3, 2004 Richard Diamond: 202- 418- 0506 Chairman Powell Reacts to Supreme Court Cable Modem Decision Today, the United States Supreme Court granted the joint request of the United States and the Federal Communications Commission for review of the 9th Circuit’s “Brand X” cable modem decision. In response, FCC Chairman Michael K. Powell issued the following statement: “High- speed Internet connections are not telephones, and I’m glad the Supreme Court has agreed to review the 9th Circuit’s ruling that they are. The 9th Circuit’s decision would have grave consequences for the future and availability of high- speed Internet connections in this country. As the Commission is uniquely charged with the task of promoting the deployment of such advanced services to the public, we look forward to our opportunity to present our case before the high court.” –FCC– 1