A telecommunications industry association and a Texas-based Internet service provider (ISP) were to formally challenge the new net neutrality rules of the Federal Communications Commission (FCC) approved in a three-to-two vote in February.
Trade group USTelecom, whose members include Verizon and AT&T, and Alamo Broadband, which provides Internet services in San Antonio, Texas, have filed separate petitions for review accusing the FCC of overstepping the bounds of authority in its plan to re-classify wireline and wireless broadband ISPs as utilities, similar to landline phone service, under Title II of the Communications Act of 1934.
USTelecom filed its charge before the Court of Appeals for the District of Columbia, which has turned down the first two sets of net neutrality rules proposed by the FCC on the grounds that the commission does not have the authority to regulate ISPs.
USTelecom president Walter McCormick says its members support the principles that protect net neutrality, also known as an open Internet, but prefer the FCC's light-touch regulatory approach that ISPs say paved the way for investment and innovation.
"As we have said throughout this debate, our member companies conduct their business in conformance with the open Internet principles, and support their enactment into law," said McCormick in a statement. "However, we also support a regulatory approach that relies upon Section 706 authority of the Communications Act, and we do not believe the Federal Communications Commission's move to utility-style regulation invoking Title II authority is legally sustainable."
Alamo, which filed its lawsuit at the Court of Appeals for the Fifth District in New Orleans, makes a similar argument. In its petition for review, the ISP said (pdf) the new rules are "in excess of the commission's authority," are "arbitrary, capricious, and an abuse of discretion," and are "contrary to constitutional right."
The FCC, which has been expecting a slew of challenges to be mounted against its new rules, confirms it has been served on Monday with two legal actions. However, the petitions were filed ahead of the window for challenging the rules, which is 60 days after they have been published in the Federal Register. Although the rules were posted on the FCC's website on March 12, they have not yet been published in the Federal Register. USTelecom and Alamo admit their petitions for review were filed "out of an abundance of caution" that a 10-day period to challenge the rules would end. The charges were filed hours before the believed deadline. The FCC says the petitions are "premature and subject to dismissal."
"These companies have threatened all along to sue over the FCC's decision, even though that decision is supported by millions of people and absolutely essential for our economy," said Matt Wood, policy director at Free Press. "Apparently some of them couldn't wait to make good on that threat."
Photo: Greg Elin | Flickr
