the FCC sought comment on whether it should preempt state regulation, including access requirements (FCC 2002c). Until the agency addresses the issue directly, the possibility remains that state and local authorities will exercise concurrent jurisdic- tion over cable modem service that leaves them free to mandate access. That said, because services classified as information services in the past had been subject to 12 Gulf Power, 534 U.S. at 348-49, 353-56, & nn. 5-6 (Thomas, J., joined by Souter, J., concurring in part and dissenting in part). 13 See, e.g., Comcast Cablevision of Broward County, Inc. V. Broward County, 124 F. Supp. 2d 685, 686-87 (S.D. Fla. 2000). 14 See, e.g., MediaOne Group, Inc. V. County of Henrico, 257 F.3d 356, 360 (4th Cir. 2001); City of Portland, 216 F.3d at 875. See MediaOne, 257 F.3d at 363-64; City of Portland, 216 F.3d at 878-79. The Regulation of Last-Mile Broadband Networks minimal regulatory requirements, classifying cable modem service as an informa- tion service was thus generally regarded as a signal that the FCC was unlikely to impose any access requirements. In addition, the fact that the FCC had preempted state regulation in the Computer Inquiries also suggested that to many the FCC was likely to do the same with respect to cable modem services. 16 2. Regulation of Digital Subscriber Lines The other principal technology for providing last-mile broadband Internet service is known as DSL. DSL takes advantage of the fact that conventional voice commu- nications only occupy the lower transmission frequencies (typically those ranging from 300 to 3,400 hertz). It is thus possible to use the higher frequencies (i.e., those above 20,000 hertz) to convey data communications through the same telephone line without interfering with voice communications. Several technical changes must be made to a local telephone network before it can be used for DSL. First, it is not uncommon for incumbent LECs to have added devices to their loops, such as bridge taps, low-pass filters, and range exten