Five groups sought delay as lawsuits move through court

The Federal Communications Commission said Friday it would not grant a request by several associations to delay the agency's implementation of new open Internet rules, firing the latest salvo in an ongoing legal battle over net neutrality.

In February, the commission voted to regulate broadband Internet as a public utility. The FCC also took steps to ensure Internet providers do not block access to content or charge higher rates for so-called "fast lanes" for certain kinds of data, like streaming video.

So far five associations have filed separate lawsuits seeking to block implementation of the rules. In addition, those same groups—U.S. Telecom Association, CTIA-The Wireless Association, Wireless Internet Service Providers Association, American Cable Association and the National Cable & Telecommunications—joined with two private Internet providers in asking for a partial stay on the open Internet rules until the legal issues are resolved in court.

USTelecom noted in a May 1 statement that the groups were only seeking a stay on the part of the rules requiring broadband Internet to be treated as a utility, not on rules restricting fast lanes or banning providers from blocking content.

"The commission's sweeping assertion of control over the Internet creates ‘enormous uncertainty' as to whether broadband providers can continue offering services that benefit consumers," USTelecom said in a statement. http://bit.ly/1KXbxX3

FCC denied the stay, spelling out the reasoning in a 19-page document. Among other things, the commission ruled a stay would be contrary to the public interest given it would neutralize rules preventing Internet providers from violating open Internet principals.

"Granting the petitioners' requested stay would eliminate these important regulatory backstops against the harms to consumers and innovators that the commission sought to address through the aggregate regulatory measures adopted in the (February) order," the FCC wrote.

FCC's decision to deny the stay should have little effect on lawsuits now in court. http://bit.ly/1zVGaeK

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