This week, the D.C. Circuit Court delivered great news for the millions of Americans living in apartments and condominiums.  The Court upheld key FCC policy that ensures vigorous video and broadband competition for consumers who reside in multiple dwelling units (MDUs).  This positive ruling affirms an FCC order previously issued to end the practice of cable companies signing exclusive video service contracts for MDUs – a practice that limited choice and competition for individual consumers.

Read the whole entry here.

Film studios and television networks argued that the RS-DVR violated copyright law.  Last year, USTelecom spearheaded efforts to file an amicus brief with the Court of Appeals, after realizing the benefits that such network-based storage services offer consumers.  In today’s decision, the Second Circuit concluded that the proposed new service “would not directly infringe plaintiffs’ exclusive rights to reproduce and publicly perform their copyrighted works.”

The Court’s decision has broad implications in today’s broadband marketplace.  For example, network based services can save companies-and consumers-both time and money.  Since network based services can be upgraded and maintained from a central location, customers and service providers no longer have to deal with the headache and cost of a truck roll to the subscriber’s premises.  USTelecom was pleased with the court’s decision and believes it will result in an exciting marketplace in DVR technologies for consumers.

But copyright is growing more important to ISPs for another reason as well: copyright holders want to enlist the help of ISPs to crack down on users distributing digital copyrighted works illegally. At a Senate Finance Committee hearing this week, Andrew Lack, the chairman of Sony BMG Music Entertainment observed in his written testimony that “this past year has witnessed a virtual explosion of global public interest in developing structures in which Internet Service Providers (ISPs) can enhance their role in addressing the unauthorized transmission of copyright content.” Lack also called for the “U.S. and foreign governments to make the Internet safe for e-commerce in copyrighted material by encouraging marketplace solutions to take hold.”

The takeaway is clear: copyright owners are increasingly calling on the ISPs–and Congress–to do something. Despite the fact that existing law is more than sufficient (specifically the many steps involved in qualifying for the safe harbor provisions of the Digital Millennium Copyright Act), various members of Congress have suggested that attempts to enact legislation holding ISPs responsible for the content distributed on their networks may be in store in the future. One way or another, ISPs should be on notice that developments in copyright and intellectual property law are certainly worthy of their attention.

Our brief today protects our members’ First Amendment right to communicate with their customers, and it supports consumers’ right to have access to timely, accurate information about prices and service options. But it also supports a much broader goal: creating a true marketplace for communications services where regardless of platform, providers can compete head-to-head without artificial regulatory advantages. The Order’s result is that cable companies—which offer bundled services that are like those offered by telecom companies—can use retention marketing programs to keep their video customers, but telecom companies can’t use the same methods to retain voice customers: that result is fundamentally unfair. We applaud FCC Chairman Kevin Martin for opposing the Order, and we’re confident that after careful review, the Court will reach the same conclusion and reject it.

We’ll be actively involved in the legal effort to support our members’ ability to compete on a level playing field with other communications providers. As the case unfolds, be sure to check back here on the USTelecom blog for more updates and information.

You can see more USTelecom Vidcasts here.

The FCC Chairman has long recognized that competition with cable offerings provides the best solution to rising cable prices, and that lowering hurdles for telecom companies to invest in video helps increase the availability and capacity of broadband networks. The court’s decision provides invaluable support for this vital objective and USTelecom and our member companies will continue the work to achieve the goals of increased investment in broadband networks and a level regulatory playing field.

You can read the whole post, which excerpts from USTelecom’s press statement about the benefits to consumers this decision will bring, here.

We’ll have a vidcast about this coming soon, as well.