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AT&T Corp. v. City of Portland

United States District Court for the District of Oregon
43 F. Supp. 2d 1146 (D. Or. 1999)


AT&T Corp. (A&T) (plaintiff), a cable-modem platform provider, entered into an exclusive contract with @Home, an Internet service provider, to provide high-speed service. The City of Portland’s Cable Regulatory Commission (Commission) (defendant) concluded that the contract would drive local Internet service providers, often known as ISPs, out of the market because the local providers would not be able to compete with AT&T’s service. The Commission passed an open-access mandate, forcing AT&T to allow other Internet service providers access AT&T’s cable-modem platform. Unaffiliated providers would pay AT&T for this access. AT&T sued, contending that the mandate forcing it give everyone access to its cable-modem platform violated its First Amendment rights.

Rule of Law


Holding and Reasoning (Panner, J.)

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