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Verizon Gets Early Win In Neutrality Fight
D.C. Circuit Court of Appeals Will Be the Battleground

Verizon has scored an early win in the company's efforts to have the FCC's authority to enforce their network neutrality rules crimped. A judicial panel chose the D.C. Circuit Court of Appeals in a random lottery Thursday, a court Verizon had been eager to have selected due this particular court's historical tendency to construe the FCC's ancillary authority narrowly. Verizon had tried to "court shop" earlier this year, filing a lawsuit in the hopes of getting this forum -- before their first suit was shot down for being premature. "The FCC stands ready to defend its open Internet order in any court of appeals," insists the FCC.

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camelot
join:2008-04-12
Whitby, ON

camelot

Member

Yeah Right.

Any "Random Lottery" of judicial panels that typically sides with one party should be looked at more carefully.
openbox9
Premium Member
join:2004-01-26
71144

openbox9

Premium Member

Re: Yeah Right.

If VZ had not previously been slapped down for picking its jurisdiction to file suit in, I could see your point.

FFH5
Premium Member
join:2002-03-03
Tavistock NJ

2 edits

FFH5

Premium Member

FCC asks court dismiss Verizon lawsuit over net neutrality

The FCC didn't waste any time replying to Verizon's lawsuit over the net neutrality regulations, claiming Verizon can't sue because the FCC has issued no orders directly affecting Verizon. In other words, Verizon has no standing to file suit unless the FCC has ordered them to do or not do something.

»www.dailytech.com/FCC+Fi ··· 2945.htm

Basically, the FCC is arguing that Verizon's attorneys have misinterpreted the laws which grant it regulatory authority.  Specifically it's arguing that the law permits ISPs like Verizon to only sue about individual per-carrier regulatory decisions, rather than broad regulatory edicts, like the net neutrality rules.

If the FCC's "Motion to Dismiss" is approved, Verizon's hopes of fighting the new rules will dwindle, given that it's already lost another case in court.  However, it remains to be seen whether the court sides with the FCC's argument about jurisdiction.  Verizon does have one thing working in its favor.  It's retained Helgi G. Walker, the Washington D.C. attorney who won Comcast Corp.'s (COMCSA) challenge per-company net neutralty enforcement.

The FCCs motion to dismiss:
»transition.fcc.gov/Daily ··· 25A1.txt

hphenated
@bellsouth.net

hphenated

Anon

do i not understand?

for starters, if the fcc can't have authority and people wanting to take it away, why do have it in the first place?

cork1958
Cork
Premium Member
join:2000-02-26

cork1958

Premium Member

Re: do i not understand?

I've been trying to figure that one out for quite a while now?

BUCKEYECOM
@buckeyecom.net

BUCKEYECOM to hphenated

Anon

to hphenated
they sue to put the FCC in their place and to make it known that they have no power and stops the FCC from even trying to enforce the rules.

What needs to happen is Congress needs to wake up and smack the FCC around a little and tell them they have no right and they need to stop over stepping their boundaries they were given.