Oct 7th, 2011

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]

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