Friday 24 April 2015

USTelecom Takes Aim at Interconnection, Conduct Standard

USTelecom has signaled the arguments it plans to make in its court challenge of the FCC’s Feb. 26 decision to reclassify broadband as a Title II telecommunications service subject to common carrier regulation. Among them are the FCC’s classification of interconnection under Title II and its creation of an “amorphous” general conduct standard.

In a nonbinding statement of issues — it could add or subtract — filed with the U.S. Court of Appeals for the D.C. Circuit Thursday (April 23), USTelecom said the issues it was raising are:

  1. Whether Title II reclassification “violates the terms of the Communications Act of 1934, as amended, and the First and Fifth Amendments to the U.S. Constitution [speech and taking of property]; or is based on an unreasonable interpretation of the statute, is arbitrary and capricious, or is otherwise contrary to law.
  2. “Whether the FCC’s assertion of authority over the terms on which broadband Internet access providers interconnect with other IP networks, and its classification of that interconnection as a common carrier telecommunications service under Title II” is similarly illegal.
  3. “Whether the specific rules the FCC adopted, including but not limited to its Internet conduct standard, exceed the agency’s authority, are arbitrary and capricious, or otherwise contrary to law; and
  4. Whether the reclassification violated the requirement that the FCC provide the requisite notice and comment.”

The National Cable & Telecommunications Association, which has also sued the FCC , is expected to focus on those same issues. The suits will almost certainly be consolidated, in which case they would wind up filing a joint brief

 

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