[opendtv] Lawsuit wave challenges FCC on net neutrality | ZDNet
- From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
- To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 25 Mar 2015 08:50:10 -0400
http://www.zdnet.com/article/lawsuits-challenge-fccs-net-neutrality-ruling/?tag=nl.e539&s_cid=e539&ttag=e539&ftag=TRE17cfd61
Lawsuit wave challenges FCC on net neutrality
US companies are filing lawsuits against the Federal Communications Commission
(FCC)'s recent net neutrality ruling.
The order, which has not taken effect yet, is already being challenged by firms
across the United States. As reported by Reuters, the first wave of lawsuits
was filed on Monday by companies under the USTelecom umbrella, which argued
that the new net neutrality rules are "arbitrary, capricious, and an abuse of
discretion."
The filing argues that the US regulator's rules break federal and local laws,
and violate the constitution and the 1934 Communications Act.
Net neutrality, proposed by FCC chairman Tom Wheeler, forces Internet Service
Providers (ISPs) to grant customers equal broadband and traffic speeds with no
regard to the type of traffic which flows through a network by reclassifying
Internet access as a utility in the United States. Under these terms, for
example, Comcast is banned from charging Netflix more than Amazon for Internet
access or "fast lanes."
Overall, net neutrality enforces three rules: no blocking, no throttling, and
no paid priority traffic.
The FCC approved the new rules earlier this year, revealing them online on
March 12 (.PDF).
USTelecom, which counts as members companies including AT&T and Verizon, said
the organization supports open Internet rules, but says it also encourages a
regulatory approach which does not involve reclassifying Internet access as a
utility. USTelecom President Walter McCormick believes this approach is not
"legally sustainable."
In a statement, USTelecom Senior Vice President Jon Banks commented:
"The focus of our legal appeal will be on the FCC's decision to reclassify
broadband Internet access service as a public utility service after a decade of
amazing innovation and investment under the FCC's previous light-touch
approach. As our industry has said many times, we do not block or throttle
traffic and FCC rules prohibiting blocking or throttling will not be the focus
of our appeal."
Alamo Broadband, based in Texas, has also launched a challenge against the FCC
using a similar argument. Industry sources told the publication that two
additional trade groups, CTIA-The Wireless Association and the National Cable
and Telecommunications Association, are expected to also launch their own
lawsuits.
In relation to USTelecom's filing, McCormick said:
"The filing ensures that the association's right to appeal the open Internet
order would not be blocked. If the court determines that the trigger date is 10
days after publication in the Federal Register, USTelecom will file an appeal
at that time."
Other related posts:
