Sunday, July 27, 2025, 5:59AM | 
MENU
Advertisement

Court Rejects Suit on Net Neutrality Rules

Court Rejects Suit on Net Neutrality Rules

WASHINGTON -- A federal appeals court on Monday rejected as "premature" a lawsuit by Verizon and MetroPCS challenging the Federal Communications Commission's pending rules aimed at keeping Internet service providers from blocking access to certain Web sites or applications.

While the decision, by the United States Court of Appeals for the District of Columbia circuit, is a first-round victory for the F.C.C. and its chairman, Julius Genachowski, the real battle over the agency's attempt to regulate broadband providers has barely begun.

Several broadband companies, and some consumer advocacy and public interest groups, are likely to return to court this year to challenge aspects of the rules. Edward S. McFadden, a Verizon spokesman, said Monday that the company intended to refile its lawsuit this year.

Advertisement

The House will take up a joint resolution condemning the new Internet access rules this week. Though the House is likely to pass the resolution prohibiting the F.C.C. from putting the new rules into effect, it is doubtful that the resolution will go much further because many Senate Democrats and the Obama administration support the rules.

The Verizon lawsuit was dismissed as premature, the court said, because federal regulations dictate that a challenge to new F.C.C. rules must come within 10 days after a new rule is published in the Federal Register.

That publication has not taken place, although the F.C.C. approved its rules in December, because the regulations must be reviewed for compliance with the Paperwork Reduction Act. That F.C.C. review, which includes a 60-day public comment period, will be completed this month. Then, the Office of Management and Budget will conduct a review, with a 30-day comment period, before the rules are published.

A commission spokesman, Robert Kenny, said the agency was pleased by the court's decision and believed its policy "preserves Internet freedom and openness and strikes the right balance for consumers and businesses across America."

Advertisement

The new regulations, which the commission calls its Open Internet Order, are commonly known as net neutrality rules. They prohibit companies providing broadband Internet service to consumers from discriminating in granting access by customers to content providers.

Once the regulations are published in the Federal Register, any legal challenge filed in 10 days is entered in a lottery to determine the legal venue.

Verizon and MetroPCS tried to sidestep that provision by contending that the rules modified their licenses to operate wireless broadband networks. So, they said, the dispute was a licensing issue, not an appeal of a new rule, a position the court rejected.

First Published: April 5, 2011, 4:00 a.m.

RELATED
Comments Disabled For This Story
Partners
Advertisement
A huge Canadian flag carried by a crowd in Montreal in 1995, before a referendum on Quecec’s independence. Dennis Jett suggests Pennsylvania do the same in reverse.
1
opinion
Dennis Jett: Pennsylvania should become part of Canada
New cornerback Jalen Ramsey (5) gets into position prior to a play during practice on the first day of Steelers Training Camp at Saint Vincent College in Latrobe Thursday, July 24, 2025.
2
sports
Steelers training camp observations: Jalen Ramsey-led defense comes out 'aggressive and angry'
There is a large covered porch at the front of the house at 115 Forest Hills Road in Forest Hills.
3
life
Buying Here: Forest Hills home in its own 'mini-forest' listed for $425,000
Several houses are shown along N. Dallas Avenue near Penn Avenue in Point Breeze with “For Sale” signs in the front yard, Friday, March 21, 2025.
4
business
A cooling market and patient buyers are causing many Pittsburgh home sellers to cut their prices
Pittsburgh Pirates starting pitcher Mitch Keller throws during the first inning of a baseball game against the Kansas City Royals, Tuesday, July 8, 2025, in Kansas City, Mo.
5
sports
Off The Bat: Mitch Keller's Pirates tenure wasn't supposed to go like this
Advertisement
LATEST business
Advertisement
TOP
Email a Story