Cable Companies, ISPs Ask Court to Block FCC Title II Neutrality Rule
NEWS ANALYSIS: Opponents of the Federal Communications Commission's Network Neutrality rules begin legal proceedings that may last for years and ultimately could doom net neutrality.A group of cable companies, ISPs and industry associations has filed a formal motion with the Court of Appeals for the District of Columbia to stay the implementation of the Federal Communications Commission's order to place Internet access under Title II of the Communications Act, a move predicted in this column just a few days ago. The industry group wasted no time to head to court after the FCC refused its petition seeking the same thing that they are heading to court to obtain. The stay alleges that the FCC violated the Administrative Procedures Act, Congressional intent, FCC precedent and a variety of laws, including the Communication Act, when the agency acted to move Internet access to Title II. In addition to requesting a stay, the motion also requested that any hearing be expedited if the stay is not granted. The petition for the stay was a consolidated effort made after the court directed the petitioners to present their case in a single motion, rather than the separate motions that they had originally planned.
However, the petition is fairly broad since it must convey the concerns of a group of diverse organizations, ranging from the CTIA to US Telecom and AT&T. The potential damages quoted range from pole connection charges and new taxes to violations of the law and arbitrary action. A wide variety of real and anticipated harmful events are listed. The petition to the court is a laundry list of grievances.