Feeds

US court boots and moots Verizon net neut suit

Open internet squabble postponed. Again

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

Verizon's lawsuit against a US Federal Communications Commission order that imposes network-neutrality rules has been tossed out of court by a three-judge panel who deemed the suit premature.

"Regardless of whether the order is reviewable by way of a petition for review, 47 U.S.C. § 402(a), or a notice of appeal, 47 U.S.C. § 402(b), the prematurity is incurable," wrote judges Henderson, Tatel, and Kavanaugh of the US Court of Appeals for the District of Columbia.

The lawsuit that is now "dismissed as moot," in the words of the court's Monday ruling, was filed by Verizon on January 20 in response to the FCC's vote last December 21 on a cluster of regulations designed to ensure that vaporous concept known as network neutrality.

Among the stipulations in the FCC's order were rulings that both wireline and wireless carriers must be "transparent" in their network-management practices, that wireline providers could "not block lawful content, applications, services, or non-harmful devices", and that wireless providers couldn't block apps that compete with their voice or video telephony services.

Verizon was of the opinion that the order overstepped the FCC's regulatory mandate. In its January filing, the telecom giant's lawyers wrote: "Verizon seeks relief on the grounds that the Order: (1) is in excess of the Commission’s statutory authority; (2) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; (3) is contrary to constitutional right; and (4) is otherwise contrary to law."

"Not so fast," said the DC court on Monday, in so many words. Since the FCC ruling hasn't been officially published in the Federal Rgister, the lawsuit's "prematurity is incurable". The court apparently wasn't swayed by Verizon's argument in its January 20 filing that it was protesting the ruling in an "abundance of caution".

Monday's ruling – although certain to please net-neut fans – is far from conclusive. It merely means that lawsuits have been kicked down the road until the order is official – and with some virulent critics of the FCC's action having compared it to "George Orwell's 1984, complete with doublethink and newspeak," you can be certain that when the appropriate time comes, the courts will be clogged with challenges. ®

Security for virtualized datacentres

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
'Serious flaws in the Vertigan report' says broadband boffin
Report 'fails reality test' , is 'simply wrong' and offers ''convenient' justification for FTTN says Rod Tucker
This flashlight app requires: Your contacts list, identity, access to your camera...
Who us, dodgy? Vast majority of mobile apps fail privacy test
Apple Watch will CONQUER smartwatch world – analysts
After Applelocalypse, other wristputers will get stuck in
Shades of Mannesmann: Vodafone should buy T-Mobile US
Biting the bullet would let Blighty-based biz flip the bird at AT&T
Radio hams can encrypt, in emergencies, says Ofcom
Consultation promises new spectrum and hints at relaxed licence conditions
Drag queens: Oh, don't be so bitchy, Facebook! Let us use our stage names
Handbags at dawn over free content ad network's ID policy
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Top 5 reasons to deploy VMware with Tegile
Data demand and the rise of virtualization is challenging IT teams to deliver storage performance, scalability and capacity that can keep up, while maximizing efficiency.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.