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FCC Files Motion To Dismiss Verizon’s Net Neutrality Suit

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The FCC has filed a motion to dismiss Verizon’s lawsuit against the FCC’s net neutrality order. We told you guys a few days ago how Verizon was simply “not having it” with the guidlines set in the FCC’s “Open Internet” rules going into effect on November 20th. According to Verizon, the FCC has overstepped its bounds and is “deeply concerned” over the FCC’s new regulation of the internet and broadband networks. Verizon believes that their suit is valid because the FCC modified its radio licenses.

Of course, the FCC doesn’t quite see it that way. They stated that statutes exist that give it (the FCC) the authority to create and enforce such rules. The FCC further went on to explain,

“Verizon’s theory of jurisdiction is that the FCC modified its radio licenses within [certain statutes] because the Open Internet Order cited the agency’s authority to modify licenses, among numerous other statutory bases of authority.”

“Notice of Appeal, however, applies only when this Court is asked to review an FCC order that modifies specific individual licenses. It does not apply to review of generally applicable commission orders that, like the Open Internet Order, regulate a broad camp of licensees as a class. Jurisdiction over the Open Internet Order thus lies only under [a specific section] and Verizon’s notice of appeal in Case 11-1355 should be dismissed for lack of jurisdiction.”

Check and mate. Can’t say I ever wanted the government to have to step in like this but let’s hope this shuts up Big Red (at least for a little while).

[FCC via PhoneScoop]

Chris Chavez
I've been obsessed with consumer technology for about as long as I can remember, be it video games, photography, or mobile devices. If you can plug it in, I have to own it. Preparing for the day when Android finally becomes self-aware and I get to welcome our new robot overlords.

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8 Comments

  1. Yeah I don’t think so Chris but Im liking big brother just a little.

    1. In very small doses. Just like the po-lice. =p

  2. Verizon continues to disappoint me. I wish I wasn’t so dependent on them for service. Hopefully they do something right for a change and don’t screw up the Nexus Prime launch. Only time will tell…

  3. Lmfao exactly I concur with that Chris

  4. So… An internet company, is pissed because the FCC changed their “terms of service” .. it’s called karma.. how does it feel ?

  5. Go FCC hit them where it hurt.

  6. Just one more nudge…

  7. On the subject of net neutrality, Bob Gibson, Executive Director of the University of Virginia’s Sorensen Institute for Political Leadership, recently said: “It’s a debate that is going on in the Congress, and it’s really: Is the Internet going to be something that everyone has free and open access to, or, is it going to be something that is sort of controlled? What we don’t need is a lot of government control in the businesses of the internet. I think what we need is more of what we have with National Public Radio, which is a really true and balanced set of reporting that unfortunately has become politicized. What we are seeing is a shift from “anything goes” on the Internet to a shift where major corporations are shaping the news outlets and buying up more and more of the news outlets and putting them under corporate control and one set of a small number of hands…. We need freeware, we need shareware, and we need open access. People need to be able to trust sources that they can find on the internet, rather than have them controlled in a small number of hands or by the government.” (Gibson appeared on the Charlottesville, VA, politics interview program Politics Matters with host and producer Jan Madeleine Paynter discussing journalism http://bit.ly/pm-gibson)

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