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Table of Contents - June 1, 2015

FCC Opposes Open Internet Stay Plea, Supports Speedy Review, Wants Early Appeals Dismissed

The FCC and intervenors supporting its February open Internet order have urged the U.S. Court of Appeals for the District of Columbia Circuit to reject a motion to stay the order pending judicial review, while supporting petitioners' alternative request for expedited consideration of their challenge.

In a filing in U.S. Telecom Association et al. v. FCC (consolidated cases beginning at 15-1063) dated May 22, the FCC said, "Petitioners' stay motion is not what it seems. It asks the Court to halt the application of Title II of the Communications Act to broadband, while allowing three bright-line rules to go into effect. But those bright-line rules are precisely the kind of regulation this Court held could not be applied until and unless broadband was reclassified as a 'telecommunications service.'"

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Providers Seek Reversal Of Data Roaming Decision

NTCH, Inc., Flat Wireless LLC, and Buffalo-Lake Erie Wireless Systems Co. LLC have asked the FCC to reconsider its decision in its open Internet order to forbear from applying section 201 and 202 of the Communications Act, as amended, to data roaming services.

The FCC's forbearance decision in the open Internet order was taken pursuant to its section 10 forbearance authority, which allows it to forbear from sections 201 and 202, but the petitions argue that because the order declared mobile broadband Internet access services to be commercial mobile radio services (CMRS), the Act's section 332 prohibition on forbearing from applying sections 201 and 202 to CMRS should apply.

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