As reported on October 2nd, Verizon filed a legal challenge against Net Neutrality in hopes of derailing its implementation on November 20th. According to Phone Scoop, the FCC has moved to dismiss Verizon’s suit. From the article:
The FCC explained, “Verizon’s theory of jurisdiction is that the FCC modified its radio licenses within [certain statutes] because the Open Internet Order cited the agency’s authority to modify licenses, among numerous other statutory bases of authority.” Verizon’s attempt to appeal the rules on a statutory basis, “however, applies only when this Court is asked to review an FCC order that modifies specific individual licenses. It does not apply to review of generally applicable Commission orders that, like the Open Internet Order, regulate a broad group of licensees as a class. … Verizon’s notice of appeal … should be dismissed for lack of jurisdiction.”
A new legal challenge appears as Net Neutrality’s November 20th effective date approaches. From Ars Technica:
On Friday afternoon, Verizon filed its expected challenge to the FCC’s network neutrality rules, suing in federal court to stop them. Verizon claims that the agency has no authority to issue rules affecting the Internet.
I wonder if Verizon’s legal counsel has any experience in these matters.
Lawyer Helgi Walker is overseeing Verizon’s challenge; she previously represented Comcast before the same court and argued that the FCC had no authority to police Comcast’s P2P throttling. She won that case by making many of the same arguments Verizon looks set to deploy.
This should be interesting. As discussed before, this was to be expected. MetroPCS, now it’s your turn.
The FCC’s Net Neutrality rules will go into effect on November 20th. Barely passing back in December with a 3-2 vote along party lines, the new regulations ban ISPs from intentionally blocking or degrading the speed for legal internet traffic.
Expect legal battles ahead in an attempt to derail the new rules. From Reuters:
But revving up the printing presses means that legal challenges from Verizon and MetroPCS that hope to overturn the regulations can now go forward.
In April, the D.C. Court of Appeals dismissed suits from the internet providers aimed at overturning the FCC’s rules. In its decision, the court said that the companies needed to wait until the new regulations were published in the Federal Register before any appeal could be heard.
The FCC will publish the net neutrality rules tomorrow.