service, as it is currently offered, is properly classified as an interstate information service, not as a cable service, and that there is no separate offering of telecommunications service. In addition, [it initiated] a rulemaking proceeding to determine the scope of the Commis- sion's jurisdiction to regulate cable modem service and whether (and, if so, how) cable modem service should be regulated under the law." FCC, Declaratory Ruling and Notice of Proposed Rulemaking, In the Matter of Inquiry Concerning High-Speed Access to the Inter- net over Cable and Other Facilities, Internet over Cable Declaratory Ruling, Appropriate Regulatory Treatment for Broadband Access to the Internet over Cable Facilities, GN Docket 00-185 and CS Docket 02-52 (March 15, 2002). This decision has been reversed on appeal, but it is still in the appellate court. See Brand X Internet Services V. FCC and USA, No. 02-70518, et al. (9th Cir. 2003). 38. Obviously preparing to pursue a policy of limited regulation for cable modem ser- vices, the FCC attempted to assert jurisdiction in March 2002 by defining such services as "information" services, thereby depriving state and local offices of the right to regulate them. See FCC, "FCC Classifies Cable Modem Service as 'Information Service," GN Docket 00-185 (March 15, 2002). In October 2003, however, this decision was re- versed by the Ninth Circuit's decision in Brand X Internet Services. Notes to Chapter Three 1. Vice President Al Gore was credited with this description of modern communications technology. See, for example, www-tech.mit.edu/V113/N65/gore.65w.html. 2. George Gilder, Telecosm: The World after Bandwidth Abundance (New York: Simon & Schuster, 2000). 3. These data are from the Bureau of Economic Analysis (BEA), U.S. Department of Commerce www.bea.doc.gov/bea/dn/faweb/AllFATables.asp#S3 [August 25, 2002]). They are investment expenditures in current dollars for the "telephone and telegraph" industry. The 2002 and 2003 data are estimated from data published by the FCC, Associati