After being rebuffed last week by the FCC, a number of broadband providers and their trade groups this week appealed to the Judicial Branch for a stay on the latest net neutrality rules coming into effect. In a filing with the U.S. Court of Appeals for the D.C. Circuit, the National Cable and Telecommunications Association, the U.S. Telecom Association, CTIA - The Wireless Association, and others declared that the FCC’s “Open Internet” Order is a “sharp about-face in which a federal agency — without any statutory change or congressional sanction — has arrogated to itself breathtaking authority over the most transformative technology in living memory.” Moreover, referencing a statement in Commissioner Ajit Pai’s dissent to the ruling, the broadband providers declared, “If the Order becomes effective, the FCC will become the ‘Department of the Internet.’” In addition, citing the Administrative Procedures Act (APA), which governs how agencies develop regulations, the appellants asserted the Commission, “in its headlong rush to implement this regulatory sea change at the President’s urging,” was guilty of “a string of glow-in-the-dark APA violations, any one of which would suffice to invalidate the Order.”
Learn more about NRB’s position against the FCC’s Internet power grab here.
By Aaron Mercer, Vice President of Government Relations
Published: May 15, 2015