The New York Times reports Verizon is suing the FCC to block the newly crafted order for net neutrality. Verizon is arguing that the F.C.C. exceeded its authority, and violated the company’s constitutional rights. Verizon filed its suit in the United States Court of Appeals for the District of Columbia Circuit, the same court that in April ruled that the F.C.C. had overstepped itself when it sanctioned Comcast in 2008 for blocking users of its broadband Internet service from BitTorrent, a file-sharing application.
The challenge, which was widely expected to come from at least one of the big Internet service providers, sets up what is likely to be a lengthy legal battle over the rights of broadband companies to run their networks without government interference.
“We are deeply concerned by the F.C.C.’s assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself,” Michael E. Glover, a senior vice president and deputy general counsel for Verizon, said in a statement.
“We believe this assertion of authority goes well beyond any authority provided by Congress, and creates uncertainty for the communications industry, innovators, investors and consumers,” Mr. Glover added.
The F.C.C. declined to comment on the appeal. But a senior commission official, who spoke on condition of anonymity, said the agency was confident its order was legally sound and said the commission would most likely challenge Verizon’s appeal on grounds that the lawsuit itself violated F.C.C. rules. Those require that once a new order is published in the Federal Register, which in this case has not yet occurred, any challenge filed within 10 days is entered into a lottery to determine the legal venue.
Good to know that they are deeply concerned by the F.C.C.’s assertion of broad authority for sweeping new regulation of broadband networks and the Internet itself,” Michael E. Glover, a senior vice president and deputy general counsel for Verizon, said in a statement.
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