The AT&T logo. Bloomberg via Getty Images
The legal onslaught is moving full steam ahead against the U.S. Federal Communications Commission (F.C.C.) as telecommunications companies join the wireless and cable industry groups that are challenging the F.C.C.’s net neutrality laws that will go into effect on June 12.
Telcos like AT&T and CenturyLink are joining the USTelecom Association, CTIA-The Wireless Association, National Cable and Telecommunications Association, the American Cable Association, and the Wireless Internet Service Providers Association in an offensive to block an F.C.C. provision in its rules regarding internet governance, which the agency submitted to the Federal Register last month. This move on the part of the telcos is surprising — the industry groups were expected to launch the attack on the net neutrality regulations on behalf of the telcos. But now both groups have revealed their likely position in court against the F.C.C.: they aim to block the ruling that will reclassify broadband internet as a regulated telecommunications service, which would prohibit internet providers from “unreasonably interfering” with consumer access.
Of course, the F.C.C. is expected to reject their critics’ requests and has asked the U.S. Court of Appeals for the District of Columbia Circuit to hear the cases — the very court that previously rejected versions of net neutrality rules but has since affirmed its authority to set web regulations.
The telco industry’s approach reveals how it will try to pit its case against the F.C.C. (Meaning telcos know that they will not succeed in court if they aim to get net neutrality rules completely wiped once again). So instead of asking for a suspension of the rules, they are looking to block the specific provision that would reclassify the internet as a utility under Title II of the Communications Act, which would put regulation of the internet on par with the legal parameters around landline fixtures and other fixed line technologies. The filings cite that such regulations would stifle investments in the communications industry and impose “crushing” costs in terms of compliance — claims dismissed as trite by net neutrality supporters.
How the cases will proceed is left to be seen, namely whether the growing legal opposition will halt the implementation of the F.C.C. rules come June.
