CTIA Files Suit Against Title II Reclassification

Says Intrusive Framework Gave It No Choice

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As promised, CTIA: The Wireless Association filed suit Tuesday (April 14), one day after the FCC's Open Internet order was published in the Federal Register.

“With today’s filing, CTIA seeks to protect the competitive mobile marketplace that thrived under a deregulatory framework for decades," said CTIA chairman Ron Smith (Cellular Bluegrass). "The FCC’s new Internet rules are full service regulations that will harm mobile consumers and providers across the country, as well as our nation's wireless future.”

Those rules reclassify ISPs under Title II telecom regs, and apply Open Internet no-blocking or prioritization rules to wireless broadband for the first time. 

CTIA president Meredith Attwell Baker had said that if the rules were approved, CTIA would see the FCC in court.

"CTIA had no choice but to seek judicial review to preserve the regulatory approach that has been instrumental in helping the U.S. become the global leader in 4G services," said Baker. "We are confident that the courts will reject the FCC’s overreach for the third time, particularly with respect to mobile broadband services.”

Baker also said she would welcome a bipartisan legislative solution.

CTIA joins USTelecom and Alamo Broadband, which filed suit last month in case the declaratory ruling portion of the Feb. 26 decision had actually been the trigger date for suits.

Cable trade groups are expected to follow suit.

CTIA filed in the D.C. Circuit, which has twice before rejected FCC efforts at open Internet regulation (1020 Open Internet order) or actions (2007 BitTorrent finding against Comcast).