dslreports logo
Court Discards Verizon, MetroPCS Neutrality Challenge
Verizon's 'Court Shopping' Effort Didn't Pan Out
Early this year both Verizon and MetroPCS filed suit against the FCC's new network neutrality rules, with the goal of court shopping in order to find a friendly forum in their fight against the fairly-thin consumer protections. Despite the fact the rules are largely a mirror image of rules previously crafted by Verizon themselves (omitting wireless networks entirely), both companies are eager to keep the FCC on a short leash to prevent future wireless broadband rules that could erode revenue from "creative" but potentially punitive pricing models. The U.S. Court of Appeals for the District of Columbia has dismissed Verizon and MetroPCS's court challenges according to the Washington Post:
quote:
Judges Karen Lecraft Henderson, David S. Tatel and Brett M. Kavanaugh said in its order that a challenge to the FCC rules must come after the FCC’s so-called net neutrality order is published in the Federal Register and said the "prematurity" of Verizon’s lawsuit was "incurable." FCC spokesman Robert Kenney lauded the court decision, saying its rules, known as "net neutrality" regulations, "strikes the right balance for consumers and businesses across America."
Critics charged Verizon was intentionally challenging the rules prior to their publication in the hopes of getting their case heard by a court more sympathetic to their interests. The companies will still challenge the rules -- they'll just have to do so without the opportunity to game the court selection process.
view:
topics flat nest 
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Be careful what you wish for

Your so-called neutrality will only result in higher rates - the very same "punitive pricing models" that Karl seems to think you'll prevent.

So you've succeeded in prohibiting MetroPCS from offering a lower-cost walled-garden product. Congratulations.

ArrayList
DevOps
Premium Member
join:2005-03-19
Mullica Hill, NJ

ArrayList

Premium Member

Re: Be careful what you wish for

if the higher rate is the market rate, then so be it.
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Re: Be careful what you wish for

said by ArrayList:

if the higher rate is the market rate, then so be it.

The market rate will be UBB.

Enjoy.
KnightAR
join:2004-04-22
San Marcos, CA

KnightAR

Member

Re: Be careful what you wish for

They want to go to UBB doesn't matter if there's neutrality or not, so your argument is void.
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Re: Be careful what you wish for

said by KnightAR:

They want to go to UBB doesn't matter if there's neutrality or not, so your argument is void.

Nope.

MetroPCS, et al, do not want UBB.

When Cellco can discriminate on the types of uses and the priority the traffic, it has much greater opportunity to offer uncapped use.

NYR 56
Premium Member
join:2000-12-05
Smithtown, NY

NYR 56

Premium Member

Re: Be careful what you wish for

said by elray:

said by KnightAR:

They want to go to UBB doesn't matter if there's neutrality or not, so your argument is void.

Nope.

MetroPCS, et al, do not want UBB.

When Cellco can discriminate on the types of uses and the priority the traffic, it has much greater opportunity to offer uncapped use.

Wow. The future of UBB has nothing to do with neutrality. Not that UBB is good, but a lack of net neutrality has FAR worse consequences than UBB. Who cares how fast your pipe is if you can only use the speed for what the ISP says you can.
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Re: Be careful what you wish for

said by NYR 56:

Wow. The future of UBB has nothing to do with neutrality. Not that UBB is good, but a lack of net neutrality has FAR worse consequences than UBB. Who cares how fast your pipe is if you can only use the speed for what the ISP says you can.

Sute it does.

CableTelco wants to sell you flat rate, so you'll pay a regular premium rate to avoid meter anxiety, but that "flat usage" has to fall within a predictable statistical range. Thus, "unlimited does not mean unreasonable".

CableTelco also wants to keep cord-cutters and very-low-volume users paying a monthly minimum. So they will sell us a low-end UBB package.

When you force "neutrality", you force them to make everything UBB, and you probably allow them to bring back the very "punitive" (inverted) rate schedule Karl incessantly rants about while it no longer exists.

NYR 56
Premium Member
join:2000-12-05
Smithtown, NY

NYR 56

Premium Member

Re: Be careful what you wish for

said by elray:

When you force "neutrality", you force them to make everything UBB...

I totally disagree with that and fail to even see the connection here. How is neutrality forcing UBB?
elray
join:2000-12-16
Santa Monica, CA

elray

Member

Re: Be careful what you wish for

said by NYR 56:

said by elray:

When you force "neutrality", you force them to make everything UBB...

I totally disagree with that and fail to even see the connection here. How is neutrality forcing UBB?

NN removes the ISP's right to manage traffic flows by type / usage / class / time of day. So they don't have the ability to throttle the P2P traffic that runs 24x7, even if it could easily afford to idled at peak demand hours when it bogs down the common "pipe" and causes your Netflix not to stream.

Without traffic prioritization, the only tool left to curtail abuse is UBB - its not perfect, but it WILL limit those who routinely saturate capacity.

NYR 56
Premium Member
join:2000-12-05
Smithtown, NY

NYR 56

Premium Member

Re: Be careful what you wish for

said by elray:

said by NYR 56:

said by elray:

When you force "neutrality", you force them to make everything UBB...

I totally disagree with that and fail to even see the connection here. How is neutrality forcing UBB?

NN removes the ISP's right to manage traffic flows by type / usage / class / time of day. So they don't have the ability to throttle the P2P traffic that runs 24x7, even if it could easily afford to idled at peak demand hours when it bogs down the common "pipe" and causes your Netflix not to stream.

Without traffic prioritization, the only tool left to curtail abuse is UBB - its not perfect, but it WILL limit those who routinely saturate capacity.

Thanks for posting an actual logical response (rare on these news boards). I see what you're saying, and suppose I went wrong on assuming NN was only referring to restricting the main content providers (which is what I believe it's really aimed at, and also what I'm afraid of) as opposed to all types of traffic (p2p, etc.).

dvd536
as Mr. Pink as they come
Premium Member
join:2001-04-27
Phoenix, AZ

dvd536 to elray

Premium Member

to elray
said by elray:

said by ArrayList:

if the higher rate is the market rate, then so be it.

The market rate will be UBB.

Enjoy.

Wireless already IS UBB!
SuperWISP
join:2007-04-17
Laramie, WY

1 edit

1 recommendation

SuperWISP

Member

You can bet that Google's lobbyists will do venue shopping.

Actually, it is groups that lobby for Google in Washington - such as Public Knowledge, Free Press, Media Access Project, Future of Music Foundation, and New America Foundation - which want to venue shop when the FCC's illegal regulations are challenged.

Google's lobbyists are pushing for "network neutrality" regulations because they favor Google (in fact, they were pretty much written by Google) and are designed to entrench its monopolies. They were disappointed when it looked as if Verizon and MetroPCS might get the case heard in the same court that had previously considered the limits of the FCC's authority as it related to the Internet... even though that's obviously the best court to hear it, because it is up on the subject and the outcome would be consistent with its other rulings.

This I predict: The FCC will tip off Google's lobbyists as to exactly when it will publish the regulations in the Federal Register, while leaving Verizon and MetroPCS in the dark. This because it wants Google to pick the venue.