Verizon Takes Network Neutrality Rules to Court

Committed to open Internet but not via FCC's sweeping and unneeded regulations

By John Eggerton -- Broadcasting & Cable, 9/30/2011 4:33:54 PM

As expected and promised, Verizon filed suit Friday against the FCC's network neutrality rules. It filed both an appeal and a petition for review. It told the court the appeal was the proper vehicle, but out of an "abundance of caution," said it was also filing the request for review.

Saying it was committed to an open Internet, the company in a statement also said that should not come via the FCC's "potentially sweeping and unneeded regulations."

Free Press earlier this week challenged the rules as insufficiently regulatory because they provided a carve-out for wireless broadband -- though the FCC did say it would monitor that space.

"We believe this assertion of authority is inconsistent with the statute and will create uncertainty for the communications industry, innovators, investors and consumers," the company said.

Verizon told the court it had "exclusive jurisdiction" over the challenge, which boiled down to four main points, that the FCC's order expanding and codified network neutrality rules is 1) exceeded its authority, 2) is arbitrary, capricious and an abuse of discretion, 3) is unconstitutional and 4) otherwise illegal. Verizon asked the court to "hold unlawful, vacate, enjoin and set aside" the order.

The rules do not go into effect until Nov. 20, but critics could start filing suit against them as of Friday, Sept. 23, when they were published in the Federal Register. That window for filing suit closes Monday, Oct. 3.