Comcast, Verizon, Others File Court Brief Backing FTC's Oversight of Some ISP Practices

position "might seem surprising" but "this position aligns with the companies’ desire to reinstate a predictable, uniform, and technology-neutral regulatory framework that will best serve consumers and businesses alike." Last year, a three-judge panel sided with AT&T in the data-throttling lawsuit brought by the FTC (see 1608290032). The panel decided since the ISP was a common carrier, the commission had no jurisdiction over any of its practices including non-common carrier activities. The FTC appealed and the court last month granted an en banc review that's scheduled for September (see 1705090068). Monday's filing said the four companies don't doubt AT&T's commitment to protect its consumers and don't take a position on FTC's allegations. But if the court accepts the three-judge panel's ruling, "the FTC is sidelined, and any perceived regulatory gap is filled by a patchwork of well-intentioned yet inexperienced federal, state, and local agencies," creating "unreasonable, duplicative, and inconsistent rules," the filing said. The result would be less consumer protection and businesses operating "in an uncertain and uneven regulatory environment," it said. The four companies acknowledged they missed the May 30 deadline to file an amicus brief supporting the FTC because it took time to assemble the coalition, but they added the filing "will not adversely impact" the court's schedule for the hearing. It said the FTC consented to the filing but AT&T didn't.