AT&T, but not Verizon and Comcast, sue FCC over net neutrality

Out of the many lawsuits filed this week against the Federal Communications Commission, just one came from a major Internet service provider: AT&T.

AT&T made no secret of its opposition to the FCC’s net neutrality order, but it was reported last month that trade groups rather than individual ISPs would lead the legal fight against the FCC. That has mostly been the case so far, with AT&T but not other big ISPs like Comcast or Verizon filing suit. Lawsuits have been filed by four consortiums representing cable, wireless, and telecommunications companies. One small provider in Texas called Alamo Broadband sued the FCC as well.

Comcast, when asked if it plans to file a lawsuit, told Ars that it is “referring all questions to NCTA,” the National Cable & Telecommunications Association, which sued on behalf of cable providers. We’ve asked Verizon the same question but haven’t heard back yet. Verizon did sue the FCC over a previous version of its net neutrality rules passed in 2010. Verizon won that case, inadvertently opening broadband providers up to even stricter rules.

AT&T’s lawsuit filed yesterday in the US Court of Appeals for the District of Columbia Circuit objects to the FCC’s decision to reclassify fixed and mobile broadband as common carrier services in order to impose net neutrality rules that forbid blocking and discriminating against traffic. The petition is brief and follows the same script as those filed by trade groups, accusing the FCC of violating the Constitution and Communications Act with an “arbitrary” and “capricious” decision.

Parties suing the FCC will make more detailed arguments later; the initial petitions just get the process started.

We could see more lawsuits this week and next. The rules were published Monday this week. Parties have 60 days after publication to sue but filing within the first 10 days makes it easier to get the judicial circuit of one’s choice. “[I]f multiple petitions for review are filed in different circuits in the first ten days, it will be decided by lottery where the appeal goes,” Public Knowledge Senior VP Harold Feld explains.

via AT&T, but not Verizon and Comcast, sue FCC over net neutrality | Ars Technica.

Scroll to Top