FCC moves to dismiss Verizon, MetroPCS lawsuits on net neutrality
The Federal Communications Commission asked a federal court to dismiss recent lawsuits brought by Verizon Communications and MetroPCS to overturn the agency's Internet access rules.
In a press statement, a senior FCC officials said that the companies did not follow procedural guidelines and filed their suits in the U.S. Court of Appeals for the District of Columbia Circuit too early.
"The rules that govern when and how parties may challenge FCC orders are clear, and Verizon and MetroPCS filed too early when they challenged the Open Internet order," the official said.
As reported, Verizon and Metro PCS filed suits against the FCC to overturn its December order that prohibits Internet access companies from blocking or prioritizing content on their networks. Both companies filed suits at the same appeals court that told the agency last April that it had previously overstepped its authority to regulate broadband services when it sanctioned Comcast for blocking file-sharing.
Typically, a legal challenge to a FCC order occurs after it is published in the Federal Register, which hasn't happened yet. Verizon Communications and Metro PCS, however, said in their suits that there is an FCC exception that allows for challenges to be filed early when specific parties are affected.
Verizon also said a statutory provision allows the DC Circuit exclusive jurisdiction
over certain appeals, including when a party challenges an FCC decision modifying the party’s licenses. In its appeal, Verizon said the FCC had modified Verizon’s licenses, giving the D.C. Circuit exclusive jurisdiction, analysts said.
| January 28, 2011; 1:36 PM ET
Save & Share: Previous: The Circuit: Egypt cuts off Internet access, FBI searches Anonymous members, Data Privacy Day
Next: Google tweaks search algorithm to favor sites with original content
Posted by: LBrettGlass | January 28, 2011 2:09 PM | Report abuse
Posted by: niceday971 | January 28, 2011 3:32 PM | Report abuse
Posted by: niceday971 | January 28, 2011 3:34 PM | Report abuse
Posted by: NJJACK | January 28, 2011 5:49 PM | Report abuse
Posted by: thw2001 | January 28, 2011 6:02 PM | Report abuse
Posted by: robert17 | January 28, 2011 11:39 PM | Report abuse
Posted by: stormbeta | January 29, 2011 6:08 PM | Report abuse
Posted by: LBrettGlass | January 29, 2011 11:59 PM | Report abuse