Court Follows Through, Tosses MetroPCS and Verizon Suits
Apr 4, 2011, 2:37 PM by Eric M. Zeman
An appeals court has tossed the lawsuits filed by MetroPCS and Verizon Wireless against the Federal Communications Commission regarding net neutrality. In December 2010, the FCC published a number of rules to be used in governing both wired and wireless broadband networks. Both MetroPCS and Verizon Wireless later sued the FCC over its proposed net neutrality regulations, which they said exceed the FCC's jurisdiction. They sought to prevent the FCC from passing the proposed laws. The FCC argued on January 28 of this year, "The Court should dismiss MetroPCS's notice of appeal because it was filed prior to publication of the Open Internet Order in the Federal Register and is thus jurisdictionally barred." The technicality means the lawsuits are invalid, though Verizon and MetroPCS claim there is an exception to standard procedure when proposed rules will have a direct effect on specific parties. The appeals judge sided with the FCC, and dismissed the lawsuits today on the technicality. MetroPCS and Verizon Wireless will have to refile if they wish to block the FCC's plans.
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