ATLANTA, Apr 1, 2004 /PRNewswire-FirstCall via COMTEX/ -- The following statement is in response to yesterday's decision by the United States Court of Appeals for the Ninth Circuit to deny petitions for rehearing en banc of the Court's October, 2003 ruling on cable Internet services, and is attributable to Dave Baker, EarthLink (ELNK) vice president of law and public policy:

"Yesterday's decision by the Ninth Circuit confirms what EarthLink has been saying for over five years now, that cable modem service contains a telecommunications service. As the Court noted in its decision last October, 'The practical result of such a classification is that cable broadband providers would be required to open their lines to competing ISPs.' Cable modem users deserve choice in high-speed Internet providers. Yesterday's ruling is another step towards finally affording them that choice."

About EarthLink

"EarthLink revolves around you(TM)." Celebrating ten years as a leading national Internet service provider (ISP), Atlanta-based EarthLink has earned an award-winning reputation for outstanding customer service and its suite of online products and services. According to the J.D. Power and Associates 2003 Internet Service Provider Residential Customer Satisfaction Study(SM), EarthLink is ranked highest in customer satisfaction among high-speed Internet Service Providers. Serving more than five million subscribers, EarthLink offers what every user should expect from their Internet experience: high- quality connectivity, minimal drop-offs and ISP-generated intrusions, and customizable features. Whether it's dial-up, high-speed, Web hosting, or wireless Internet service, EarthLink provides the tools that best let individuals use and enjoy the Internet on their own terms. Learn more about EarthLink by calling (800) EARTHLINK or visiting EarthLink's Web site at www.earthlink.net .

SOURCE EarthLink

David Blumenthal of EarthLink, +1-404-748-7316, or
blumenthald@corp.earthlink.net


http://www.earthlink.net

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