FCC Files Paperwork to Dismiss Verizon's Anti-Net-Neutrality Suit
October 7, 2011 8:12 AM
comment(s) - last by
Government Commission argues Verizon doesn't have the legal jurisdiction to sue it
U.S. Federal Communications Commission
is still struggling to try to convince the nation's biggest internet service providers to comply with its
new net neutrality rules
. Surprisingly one of the noisiest critics has been Verizon Communications, Inc. (
), a company
whose net neutrality proposal
the FCC largely adopted.
Specifically, the FCC's new rules exempt wireless carriers like Verizon from the ban on throttling internet connections. Verizon is perhaps upset about the provisions that would prevent it from
banning certain sites such as
and the provision which prevents it from charging users fees on a per-site basis, something that communications companies are
currently in talks to deploy
. Under such a scheme, each site you visited (e.g.
, etc.) would result in either a separate monthly fee or a separate per-visit fee being added to your account.
The FCC proposal is unpopular among telecoms, who complain it would prevent a "free market" in which carriers could charge users per-website usage fees. [Source: Fierce Wireless Semina via Wired]
The FCC has filed to dismiss a second lawsuit from Verizon challenging the rules. It has already defeated Verizon once, dismissing the company's first lawsuit challenge.
new court filing
the FCC's attorneys argue that Verizon has insuffiient jurisdiction to challenge the rules on a statutory basis.
"Verizon's theory of jurisdiction is that the FCC modified its radio licenses within [certain statutes] because the Open Internet Order cited the agency's authority to modify licenses, among numerous other statutory bases of authority." Verizon's attempt to appeal the order on a statutory basis, "however, applies only when this Court is asked to review an FCC order that modifies specific individual licenses. It does not apply to review of generally applicable Commission orders that, like the Open Internet Order, regulate a broad group of licensees as a class. ... Verizon's notice of appeal ... should be dismissed for lack of jurisdiction."
The argument is an interesting one. Basically, the FCC is arguing that Verizon's attorneys have misinterpreted the laws which grant it regulatory authority. Specifically it's arguing that the law permits ISPs like Verizon to only sue about individual per-carrier regulatory decisions, rather than broad regulatory edicts, like the net neutrality rules.
If the FCC's "Motion to Dismiss" is approved, Verizon's hopes of fighting the new rules will dwindle, given that it's already lost another case in court. However, it remains to be seen whether the court sides with the FCC's argument about jurisdiction. Verizon does have one thing working in its favor. It's retained Helgi G. Walker, the Washington D.C. attorney
Comcast Corp.'s (
) challenge per-company net neutralty enforcement.
Even if it wins this round, the FCC still has
more lawsuits to deal with
. It is facing a separate suit, which rather than arguing -- like Verizon -- that the rules go to far, argues instead that they don't go far enough, as they exempt wireless carriers from throttling restrictions.
This article is over a month old, voting and posting comments is disabled
10/10/2011 4:36:52 PM
What makes one singer able to charge $100/ticket versus the other who charges $20/ticket? It's all just sound waves, right?
Look, I don't like the idea, but that kind of logic just doesn't work.
The problem is that, traditionally, we've always been charged a flat fee. It's what we're used to. It'll be hard for companies like Comcast to put that genie back in the bottle. Imagine what happens when they're entire customer base gets that first "excess use charge" for using Facebook...
"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke
Verizon Sues the FCC for "Capricious" Net Neutrality Rules
October 3, 2011, 8:57 AM
FCC Gives Internet Firms the Gift of Net Neutrality
December 25, 2010, 3:20 PM
Top Wireless Firms Plot to Make Wireless Users Pay Per Page
December 20, 2010, 9:31 AM
Google and Verizon Look to Ban Discrimination of "Legal" Internet Traffic
August 9, 2010, 5:11 PM
U.S. Federal Court Rules FCC Can't Stop Comcast From Throttling Traffic
April 7, 2010, 11:23 AM
Google Testing Smart Thermostat in St. Louis
December 17, 2013, 11:43 AM
Microsoft Wins "Synchronized Calendar" Patent Case Against Motorola Mobility
December 17, 2013, 11:23 AM
President Barack Obama Meeting with Tech Leaders to Discuss HealthCare.gov, NSA
December 17, 2013, 10:59 AM
Quick Note: E-Waste to Increase by One-Third by 2017, U.S. Leads in E-Waste Output
December 16, 2013, 12:20 PM
Amazon Announces No Interest, Kindle Fire HDX Payment Plan
December 16, 2013, 10:35 AM
Google Removes "App Ops" Privacy Control Feature from Android 4.4.2
December 16, 2013, 9:29 AM
Most Popular Articles
Report: Windows 8.2 Revives Start Menu, Runs Metro Apps in Desktop Mode
December 10, 2013, 2:56 PM
Chinese Media Puts Positive Spin on Its Smog Problem, Touts 5 "Benefits"
December 11, 2013, 12:39 PM
China's Lunar Rover Enters Orbit, Prepares for Historic Sat. Landing
December 13, 2013, 5:00 PM
The History of Normandy: How Nokia Plotted a Low-End Android Line
December 11, 2013, 8:12 PM
Metro-Enabled Firefox Browser Expected to Land After Two Years of Work
December 12, 2013, 5:21 PM
Latest Blog Posts
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
Global Cyber Espionage Concerns Reveal Growing Cyber Armies
Nov 29, 2013, 11:04 AM
Is The Period Becoming an Expression of Anger?
Nov 26, 2013, 2:02 PM
NSA and Congress -- You Will Never Kill the Constitution, It's an Idea
Nov 10, 2013, 2:00 PM
AT&T Explores $100B+ USD Deal to Acquire Vodafone's European Operations
Nov 4, 2013, 7:34 AM
More Blog Posts
Copyright 2013 DailyTech LLC. -
Terms, Conditions & Privacy Information