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FCC files motion to stop Net Neutrality appeals

Wants to dismiss moves from Verizon
Fri Oct 07 2011, 11:25

US TELECOMS REGULATOR, the Federal Communications Commission has filed a motion in an attempt to stop Verizon from appealing against its Net Neutrality rules.

Verizon's latest attempt to challenge transparency rules that would sanction ISPs that offer preferential traffic to big players centres on a change to radio licences, which the FCC says does not matter in this instance.

In a filing it argues that its rules governing changes to a group of licences, in this case radio licences, does not give Verizon room to challenge its Net Neutrality rulemaking, and asked the court to ignore Verizon's appeals.

The filing also mentions Verizon's history of challenges, perhaps in an attempt to cast it in a belligerent or vexatious light. This latest attempt, it adds, fails because the complaint doesn't meet requirements for court jurisdiction.

"Verizon's theory of jurisdiction [applies only] when this Court is asked to review an FCC order that modifies specific individual licenses," the FCC argues in its filing.

"It does not apply to review of generally applicable Commission orders that, like the Open Internet Order, regulate a broad group of licensees as a class. Jurisdiction over the Open Internet Order thus lies only under Section 402(a) and Verizon's notice of appeal in Case 11-1355 should be dismissed for lack of jurisdiction."

Any new challenges US Internet traffic rules will now be heard in the US Court of Appeals for the District of Columbia Circuit, after a judicial panel decided that will be the case.

"The FCC stands ready to defend its open Internet order in any court of appeals," an agency spokesman said. µ

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