Court Sets Oral Argument Date In Network Neutrality Challenge

Three-judge panel to hear Verizon appeal of Open Internet order 6/25/2013 12:23 PM Eastern

The U.S. Court of Appeals for the D. C. Circuit has set oral argument for Verizon's challenge to the FCC's network neutrality rules.

The argument will be at 9:30 a.m. on Sept. 9 before a three-judge panel: Judges Rogers and Tatel, and Senior Circuit Judge Silberman.

One court watcher who favors retaining the rules said it looked like a "good panel" for the FCC'.

Verizon filed suit in September 2011, saying it was committed to an open Internet but that it should not come via the FCC's "potentially sweeping and unneeded regulations."

Verizon's argument is that the FCC's order expanding and codifying network neutrality rules 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.

MetroPCS had initially filed suit as well, but dropped its suit last month after it was purchased by T-Mobile.

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