dslreports logo
 story category
AT&T Also Sues FCC Over Net Neutrality...For Good Measure

In addition to lawsuits filed by USTelcom, the NCTA, the ACA and the CTIA, AT&T has also filed suit against the FCC over the decision to reclassify ISPs as common carriers. The filing comes as a surprise, given most thought that the phone and cable giants would be letting the trade associations do all the heavy lifting this time around (unlike the 2010 rules, which most of the industry liked and Verizon single-handedly sued over anyway).

Click for full size
The lawsuit (pdf) largely mirrors the lawsuits filed by the NCTA and USTelecom, claiming the FCC's rules are "arbitrary and capricious" and violate federal law.

AT&T's been at the forefront of the net neutrality fight for years, whether it's former CEO Ed Whitacre's 2005 threat that he "wouldn't let Google use his pipes for free", or the company's decision to block users from accessing Facetime unless they upgraded to pricier metered plans.

Back in February the FCC said it wasn't afraid of a possible AT&T suit, claiming it was confident the courts would support its decision to declare telecommunications providers as common carriers under Title II of the Communications Act. AT&T has argued it's an information service, freeing it from common carrier rules.

Well, sometimes. AT&T is facing a lawsuit by the FTC for covertly throttling its grandfathered unlimited data users. AT&T tried (and failed) to dodge that suit by claiming the FCC now declares AT&T a common carrier under Title II. In other words, AT&T's ok with being classified a common carrier, depending on the day of the week and whether or not it can benefit financially.

Most recommended from 31 comments


sonicmerlin
join:2009-05-24
Cleveland, OH

2 recommendations

sonicmerlin

Member

Just to Clarify...

The FCC rules that take affect on June 12 will still be enforceable regardless of the lawsuits, right? We don't have to wait 5 years for the outcome of the case so the FCC can use its new powers, right?

Because I'm very curious to see what the FCC would do in response to consumer complaints filed against the under the line fees charged by ISPs. It strikes me as basically fraud to advertise a certain price but then charge completely made up fees after the contract is made.