Verizon Takes Net Neutrality Rules To Court
Appeal of FCC Order Filed With U.S. Court of Appeals for the D.C. Circuit
John Eggerton -- Multichannel News, 9/30/2011 5:05:28 PM
As expected and promised, Verizon Communications filed suit Friday against the FCC's network neutrality rules.
The telco filed both an appeal and a petition for review, telling the court the appeal was the proper vehicle, but out of an "abundance of caution said it was also filing the request for review." Verizon filed the appeal and petition in the U.S. Court of Appeals for the District of Columbia Circuit.
Saying it was committed to an open Internet, the company in a statement also said that should not come via the FCC's "potentially sweeping and unneeded regulations."
Free Press earlier this week challenged the rules as insufficiently regulatory because they provided a carve-out for wireless broadband -- though the FCC did say it would monitor that space.
"We believe this assertion of authority is inconsistent with the statute and will create uncertainty for the communications industry, innovators, investors and consumers," the company said.
Verizon told the court it had "exclusive jurisdiction" over the challenge, which boiled down to four main points, that the FCC's order expanding and codified network neutrality rules is 1) exceeded its authority; 2) is arbitrary, capricious and an abuse of discretion; 3) is unconstitutional; and 4) otherwise illegal. Verizon asked the court to "hold unlawful, vacate, enjoin and set aside" the order.
The rules do not go into effect until Nov. 20, but critics could start filing suit against them as of Friday, Sept. 23, when they were published in the Federal Register. That window for filing suit closes Monday, Oct. 3.
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