The FCC net neutrality order is to be published in the Federal Register Monday. That means the FCC will know soon which major players will challenge the order in court, industry officials said Friday. CTIA, USTelecom and possibly NCTA are expected to lead the charge against the order, which reclassifies broadband as a Title II service under the Communications Act (see 1503300055).
The FCC net neutrality order is to be published in the Federal Register Monday. That means the FCC will know soon which major players will challenge the order in court, industry officials said Friday. CTIA, USTelecom and possibly NCTA are expected to lead the charge against the order, which reclassifies broadband as a Title II service under the Communications Act (see 1503300055).
Beyond the usual difficulty in getting the Supreme Court to take a case, petitions (see 1504080050) seeking review of the 2011 USF/intercarrier compensation order (see 1405270045) face some obstacles, former FCC Chairman Reed Hundt and other telecom attorneys told us. U.S. Cellular’s argument that the net neutrality order adds to the urgency to deal with the agency’s Telecommunications Act 706 authority through the Universal Service Fund/ICC case is unlikely to move justices, they said.
Rep. Adam Kinzinger, R-Ill., wants to pursue “legislation to ensure forbearance will be permanent” in the FCC net neutrality order, which reclassifies broadband as a Communications Act Title II service and forbears from many Title II provisions, his spokeswoman told us this week. Kinzinger pressed FCC Chairman Tom Wheeler on the possibility at an FCC oversight hearing last month, as did Sen. Ted Cruz, R-Texas, zeroing in on making rate regulation forbearance permanent.
Rep. Adam Kinzinger, R-Ill., wants to pursue “legislation to ensure forbearance will be permanent” in the FCC net neutrality order, which reclassifies broadband as a Communications Act Title II service and forbears from many Title II provisions, his spokeswoman told us this week. Kinzinger pressed FCC Chairman Tom Wheeler on the possibility at an FCC oversight hearing last month, as did Sen. Ted Cruz, R-Texas, zeroing in on making rate regulation forbearance permanent.
USTelecom last week became the first of the major trade associations to challenge the FCC’s net neutrality rules (see 1503230066), but challenges by CTIA and NCTA also are expected, industry officials said. USTelecom is expected to file an additional appeal after the order is published in the Federal Register, which is when the other major trade groups also are expected to file. Net neutrality opponents say there are good reasons the 2015 order, which reclassifies broadband as a common carrier service, will be more broadly challenged than the 2010 order.
USTelecom last week became the first of the major trade associations to challenge the FCC’s net neutrality rules (see 1503230066), but challenges by CTIA and NCTA also are expected, industry officials said. USTelecom is expected to file an additional appeal after the order is published in the Federal Register, which is when the other major trade groups also are expected to file. Net neutrality opponents say there are good reasons the 2015 order, which reclassifies broadband as a common carrier service, will be more broadly challenged than the 2010 order.
Alamo Broadband appealing Monday the FCC net neutrality order in the 5th U.S. Circuit Court of Appeals and USTelecom in the Court of Appeals for the D.C. Circuit (see 1503230066) were examples of circuit shopping for a favorable court to hear the cases, said public interest lawyers in interviews. It's "about circuit shopping,” said Public Knowledge Senior Vice President Harold Feld. “The D.C. Circuit and the 5th Circuit are generally considered to be extremely conservative, anti-regulation, and generally hostile to the FCC.” Litigators won't "forgo any possible advantage, including looking for the forum they think will be most favorable to their appeal,” said Feld.
Alamo Broadband appealing Monday the FCC net neutrality order in the 5th U.S. Circuit Court of Appeals and USTelecom in the Court of Appeals for the D.C. Circuit (see 1503230066) were examples of circuit shopping for a favorable court to hear the cases, said public interest lawyers in interviews. It's "about circuit shopping,” said Public Knowledge Senior Vice President Harold Feld. “The D.C. Circuit and the 5th Circuit are generally considered to be extremely conservative, anti-regulation, and generally hostile to the FCC.” Litigators won't "forgo any possible advantage, including looking for the forum they think will be most favorable to their appeal,” said Feld.
Alamo Broadband, a wireless ISP in San Antonio, and USTelecom filed what appear to be the first formal appeals in federal court of the FCC Feb. 26 net neutrality order. The challenges were made Monday based on the legal theory that the declaratory ruling portion of the decision became final March 12, so appeals were due Monday. While it's not clear who will lead the industry charge against the order, other challenges are still expected to be filed within 10 days of publication of the order in the Federal Register.