CEO DATELINE - USTelecom, CTIA file lawsuits against net neutrality rules

April 14, 2015 |
Walt Williams

More lawsuits expected against controversial FCC decision

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Two associations have filed the first in what may be a series of lawsuits against new net neutrality standards adopted by the Federal Communications Commission in February.

The U.S. Telecom Association filed a suit Monday in the U.S. Court of Appeals for D.C., arguing the open Internet rules approved by the commission are arbitrary and capricious, and therefore violate federal law. The group had previously announced it intended to sue the FCC.

Then on Tuesday, CTIA—The Wireless Association announced it had also filed a lawsuit in the D.C. Court of Appeals, arguing FCC "usurped the role of Congress and departed from a bipartisan mobile-specific framework to create a new intrusive regulatory framework."

Both associations said their industries support many of the goals of net neutrality advocates. However, they oppose the way FCC and President Barack Obama have gone about implementing those goals by classifying the Internet as a public utility subject to regulation.

"Our appeal is not focused on challenging the objectives articulated by the President, but instead the unjustifiable shift backward to common carrier regulation after more than a decade of significantly expanded broadband access and services for consumers under light-touch regulation," USTelecom President Walter McCormick said. "Reclassifying broadband Internet access as a public utility reverses decades of established legal precedent at the FCC and upheld by the Supreme Court." http://bit.ly/1JGRgV7

CTIA CEO Meredith Attwell Baker said the commission "ignored that the competitive, constantly innovating mobile broadband industry provides Americans with faster networks and a wide variety of devices and service plans."

"Instead of promoting greater industry investment in the connected world of tomorrow, the FCC opted to resuscitate a command-and-control regulatory regime, including a process where innovators must first seek permission from the FCC before rolling out new services," she said. http://bit.ly/1I9QAGJ

USTelecom and CTIA are not the only associations unhappy with the FCC decision. The National Cable & Telecommunications Association also has criticized the ruling and indicated it may pursue legal action.