*Pages 1--1 from  Microsoft Word - 49745.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  CONTACT: 
 June  27,  2005  Russ  Hanser  (202)  418-  2400 
 COMMISSIONER  ABERNATHY’S  STATEMENT  REGARDING  THE  SUPREME  COURT’S  DECISION  IN  BRAND  X 


 I  am  gratified  that  the  Supreme  Court  has  deferred  to  the  Commission’s  finding  that  cable  modem  services  are  “information  services.”  As  I  stated  when  the  ruling  upheld  today  was 
 adopted,  this  classification  accords  the  Commission  the  flexibility  it  needs  to  craft  a  minimal  regulatory  environment  that  promotes  investment  and  innovation  in  a  competitive  marketplace. 
 Now  that  the  Court  has  resolved  lingering  uncertainty  regarding  the  regulatory  treatment  of  cable-  based  Internet  access  services,  I  am  hopeful  that  the  Commission  will  act  quickly  to 
 establish  a  similarly  forward-  looking  approach  for  competitive  wireline  xDSL  services. 
1