There’s been some discussion on the ISOC-NY discuss list as to whether a free market solution or government initiatives are best way to improve broadband access in the U.S. Part of that discussion is the question as to whether there actually has been an open and competitive market for broadband services.

A case where an independent ISP, Linkline Communications, alleged that AT&T charged excessive access fees that prevented them from competing in the broadband market will now be reviewed by the Supreme Court. The Ninth Circuit Court of Appeals in San Francisco had ruled against AT&T but the Bush Administration’s Office of U.S. Solicitor General sided with AT&T, maintaining that federal antitrust laws don’t cover the LinkLine claims.