Parties Line Up To File Briefs Backing Challenges to Net Neutrality Order
More parties are seeking to file amicus briefs supporting petitioners challenging the FCC net neutrality order, motions filed Tuesday revealed in USTelecom v. FCC, No. 15-1063 at the U.S. Court of Appeals for the D.C. Circuit (available via Pacer). Petitioners…
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challenging the order's net neutrality rules and broadband reclassification as a telecom service under Title II of the Communications Act are Alamo Broadband, the American Cable Association, AT&T, CenturyLink, Daniel Berninger, CTIA, NCTA, USTelecom and the Wireless Internet Service Providers Association. The Business Roundtable, National Association of Manufacturers and U.S. Chamber of Commerce to file an amicus brief that would argue the FCC regulation "will reduce broadband investment and stifle innovation." The Georgetown Center for Business and Public Policy seeks to address the "underlying economic issues" and show the commission "incorrectly assessed both the costs and benefits of a Title II regulatory regime" and "explain and quantify how the FCC's actions will negatively impact investment in the Internet." University of Pennsylvania Law professor Christopher Yoo seeks to show the order "contradicts the technical principles that determined" the Supreme Court's 2005 ruling upholding the commission's previous Title I cable broadband classification in NCTA v. Brand X. Richard Bennett, who says he is a co-inventor of Wi-Fi and modern ethernet architecture, seeks to explain how the Title II broadband reclassification "effectively bans Quality of Service modes of communications unique and essential to the functioning of the Internet, and are vital for real-time communication, High-Definition voice, video conferencing, and the Internet of things." He also plans to show the agency ruling "displays a lack of expertise on the subject matter" and made other errors, including by ignoring that broadband Internet access service is "part of an integrated whole that includes a larger and more important information processing component." The Multicultural Media, Telecom and Internet Council seeks to support AT&T, CenturyLink, CTIA, NCTA and USTelecom by arguing that the commission "failed to adequately consider evidence that Title II regulation will: 1) impose a regulatory paradigm that will adversely affect broadband access, deployment and adoption in historically disadvantaged communities where mass market broadband services are not ubiquitous; and 2) endanger the progress made under the FCC's previous regulatory paradigm toward narrowing the digital divide for vulnerable populations and creating workforce development in these communities." Three other parties made filings on Monday announcing their intent to submit amicus briefs supporting petitioners (see 1507140035).