Codebreaker

Net neutrality foes get lucky

John Moe Oct 7, 2011

Verizon’s lawsuit against the FCC regarding net neutrality will be heard in the DC circuit court, this as a result of a lottery drawing. Verizon lawyers are high fiving because it’s seen as a court that will be very sympathetic to Verizon’s cause. At least I assume they’re high-fiving. Seems like the kind of thing they would do.

From Politico:

“Verizon has good reasons for wanting to be in the D.C. Circuit,” said John Hane, a telecommunications lawyer at Pillsbury Winthrop. “The D.C. Circuit has construed the FCC’s ancillary authority narrowly, notably, just a couple of years ago, when it rejected an FCC rule that required wireless carriers to meet high standards for backup power at tower sites.”

As we discussed on Tech Report today, the lawsuits will come down to whether a court finds that the FCC has authority to regulate the internet. The FCC says it does, those whom they would regulate say it does not.

The FCC also filed a motion this week to dismiss Verizon’s suit pre-trial.

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