FCC Open Internet Rules Upheld in Federal Court

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FCC Open Internet Rules Upheld in Federal Court

The D.C. Circuit Court of Appeals denied the appeal of the United States Telecom Association (US Telecom) on Tuesday, upholding the Federal Communication Commission Open Internet rules. The ruling (PDF) clears the way for the application of regulation of broadband as a utility, extending laws governing telephone services to internet service providers, pending further appeal.

US Telecom had argued on numerous grounds that the FCC cannot reclassify broadband as a telecommunications service, preferring its prior status as an information service. The court found the various arguments unpersuasive, and while a dissenting opinion held that the FCC had “acted arbitrarily and capriciously,” the dissenting judge none the less agreed that the FCC has the authority to classify broadband as a telecommunications service.

“Today’s ruling is a victory for consumers and innovators who deserve unfettered access to the entire web, and it ensures the internet remains a platform for unparalleled innovation, free expression and economic growth,” said FCC Chairman Tom Wheeler. “After a decade of debate and legal battles, today’s ruling affirms the Commission’s ability to enforce the strongest possible internet protections – both on fixed and mobile networks – that will ensure the internet remains open, now and in the future.”

Some elements of the US Telecom challenge seemed unlikely to succeed, including its key claim that the precedent set in the “Brand X” case is does not apply, and therefore that the definition of “telecommunications” is not ambiguous. Politico reports that the appeals court judges had seemed skeptical of the applicability of the FCC’s new net neutrality rules specifically to mobile broadband and internet exchange traffic, but Tuesday’s ruling represents an unqualified victory for the FCC. Net neutrality advocates are hardly enthusiastic about the FCC’s regulations.

Republican lawmakers have opposed the regulations and introduced the Internet Freedom Act into Congress last year, which was immediately sent to the Subcommittee on Communication and Technology.

Verizon successfully blocked FCC net neutrality regulation in appeals court in 2014.

Source: TheWHIR