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:
- 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.
- “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.
- “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
- 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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