Volume IX

Issue : 11: February 10, 2011

• The Internet Will Soon Run Out of New Addresses
• Egypt Unplugged Itself from the Internet to Try and Silence Dissent
• Dismissal for Improper Facebook Postings Upheld
• CRTC in Showdown with Ottawa over Unlimited Use Decision
• Kodak Loses Patent Dispute to RIM, Apple
• Microsoft files ITC complaint against TiVo
• FCC seeks to Dismiss Net Neutrality Lawsuits

Home > Volume IX > Issue 11: February 10, 2011 > FCC seeks to Dismiss Net Neutrality Lawsuits

FCC seeks to Dismiss Net Neutrality Lawsuits

Verizon and Metro PCS, two cell phone service providers, recently filed separate lawsuits in the U.S. Court of Appeals for the District of Columbia, challenging the new net neutrality rules imposed by the Federal Communications Commission (FCC).  These rules are designed to prevent broadband providers from blocking or favouring their own traffic over competing services’ traffic.

In response, the FCC has asked the D.C. Circuit Court to dismiss the lawsuits.  The FCC claims that the companies filed their suits in the appeals court too early, as the rules, while approved, have not yet been published in the Federal Register.  Most legal challenges can only occur after an FCC order has been published in the Register.  The FCC also questioned whether the D.C. Circuit Appeals Court is the appropriate venue for the case.   This is a key point since the D.C. Circuit Appeals Court was the same court that last year ruled that the FCC had overstepped its authority when it sanctioned Comcast for interfering with subscribers’ Internet traffic.  The Comcast decision is a key precedent for Verizon’s current challenge.

For additional information, visit:
http://news.cnet.com/8301-30686_3-20030087-266.html#ixzz1CdtAliei

For additional information on the lawsuits against the FCC, visit:
http://www.lawsof.com/page/Verizon-Challenges-US-Net-Neutrality-Rules.html

For additional information on the Comcast decision, visit:
http://tinyurl.com/Comcast-Wins-Against-FCC