The U.S. Court of Appeals for the D. C. Circuit has set oral
argument for Verizon's challenge to the FCC's network neutrality rules.
The argument will be at 9:30 a.m. Sept. 9 before a three-judge
panel: Judges Rogers and Tatel and Senior Circuit Judge Silberman.
One court watcher who favors retaining the rules
said it looked like a "good panel" for the FCC.
filed suit in September 2011, saying it was committed to an open Internet
but that it should not come via the FCC's "potentially sweeping and
Verizon's argument is that the FCC's order expanding and
codifying network neutrality rules 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.
MetroPCS had initially filed suit as well, but
dropped its suit last month after it was purchased by T-Mobile.