Industry Petitioners Unload on FCC Net Neutrality, Broadband Title II Order
The FCC's net neutrality order should be vacated by the U.S. Court of Appeals for the D.C. Circuit, said a brief filed Thursday by the American Cable Association, AT&T, CenturyLink, CTIA, Daniel Berninger, NCTA, USTelecom and the Wireless Internet Service…
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Providers Association. The petitioners said the FCC's reclassification of broadband Internet access as a Title II service under the Communications Act contravened that law and was arbitrary and capricious. They said the FCC's reclassification of mobile broadband Internet access as a common carrier service was "doubly unlawful." The FCC order also was unlawfully vague and the agency violated administrative procedures, they said. Petitioners Alamo Broadband and Daniel Berninger submitted a separate brief arguing the FCC order violated the First Amendment and was unsustainable under Section 706 of the Telecom Act. They also said the FCC's rule prohibiting broadband access providers from engaging in "paid prioritization" was not allowed under Section 201(b) and not authorized under Section 303(b) of the Communications Act. Full Service Network also was to file a brief, but its text wasn't available at our deadline. FSN argues the FCC went too far in providing broadband providers regulatory forbearance relief.