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FCC Moves to Dismiss Verizon's Net Neutrality Suit

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Oct 6, 2011, 9:16 AM   by Eric M. Zeman

The Federal Communications Commission has moved to dismiss Verizon Wireless's notice of appeal in its lawsuit against the FCC for lack of jurisdiction. Verizon is seeking to block the implementation and enforcement of the FCC's net neutrality rules, which go into effect on November 20. Verizon believes the FCC has overstepped its bounds in creating the rules. The FCC argues otherwise, saying statutes exist that give it the authority to create and enforce such rules. The FCC explained, "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." Verizon's attempt to appeal the rules on a statutory basis, "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 group of licensees as a class. ... Verizon's notice of appeal ... should be dismissed for lack of jurisdiction."


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