Verizon won't get the BitTorrent panel it was asking
The U.S. Court of Appeals for the D.C. Circuit has denied
Verizon's request that the same three-judge panel that heard that case hear its
challenge to the FCC's new network neutrality regulations.
The court denied the request without elaboration. In
the BitTorrent case, the judges questioned where the FCC got its authority
to regulate Internet access service, a question Verizon argues the FCC has not
answered in its new regs.
No word on Verizon's request that the court hear its appeal
of the rules, which were approved Dec. 21 but will not go into effect until
mid-year because of procedural issues including getting OMB to approve them as
not creating unnecessary paperwork.
Appeals of regulatory changes have to await publication in the Federal Register, which should be a week to 10 days after the FCC sends them over, which it had not done at press time but was expected to soon. Those challenges could be heard in any number of federal appeals courts. But
Verizon says it is challenging the rules as a modification of its license, which has
to be heard in the D.C. court and can be appealed once the order is released
rather than waiting for it to be published in the Federal Register, says the
The FCC has asked the court to deny both requests, saying
the appeal was premature.