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What just happened? Broadband service providers and industry lobby groups have sued the FCC in an attempt to prevent it from reinstating net neutrality in the US. The lawsuits were filed by NCTA-The Internet & Television Association, USTelecom, CTIA-The Wireless Association, and others, who argue that the agency cannot unilaterally reclassify broadband as a telecommunications service under Title II of the Communications Act of 1934 without Congressional authorization.
The plaintiffs took their lawsuits to several appellate courts, including the Fifth Circuit, the Sixth Circuit, Eleventh Circuit, and the D.C. Circuit, but only one of them will hear the cases after being chosen by a lottery. While USTelecom filed its lawsuit in the US Court of Appeals for the District of Columbia, Alamo Broadband took its case to the US Court of Appeals for the Fifth Circuit in New Orleans.
USTelecom’s lawsuit argues that the new rules are not only “arbitrary, capricious, and an abuse of discretion,” but also violate a number of existing laws and regulations. According to the group’s president, Walter McCormick, its members support an open internet but do not believe that the FCC has the authority to impose net neutrality regulations on the industry. “We do not believe the Federal Communications Commission’s move to utility-style regulation … is legally sustainable,” he said.
The FCC has responded to the lawsuits, saying that it was expecting the industry to mount legal challenges to the new regulations. However, the agency believes that the rules are legally enforceable and the petitions will be dismissed by the courts. As of now, the new rules are slated to take effect on July 22, but it remains to be seen if the courts will hinder the FCC’s plans.
In addition to the lawsuits, the lobby groups have also requested that the FCC halt the implementation of net neutrality by June 7, claiming that its members will suffer serious damage if the rules go into effect in their current form. The FCC is expected to reject the request, but the industry bodies can then ask the appeals courts to order an injunction to prevent enforcement.
The legal challenges come weeks after the FCC voted to reinstate net neutrality seven years after it was repealed under former Chair Ajit Pai. Voting in April was along party lines, with the three Democratic commissioners, including Chair Jessica Rosenworcel, voting in favor of the bill, while the two Republican commissioners on the panel voted against.
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