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USTelecom Files Court Challenge to Open Internet Order


USTelecom filed suit in the U.S. Court of Appeals for District of Columbia challenging the Federal Communications Commission’s (FCC) open Internet order on grounds that it is arbitrary and capricious, and violates federal law. “In challenging the legality of the FCC’s Open Internet order, USTelecom believes the FCC used the wrong approach to implementing net neutrality standards, which our industry supports and incorporates into everyday business practices,” said USTelecom President Walter McCormick. The appeal is challenging the “unjustifiable shift backward to common carrier regulation after more than a decade of significantly expanded broadband access and services for consumers under light-touch regulation,” McCormick said.

For more information, see the filing and press release.


"The internet belongs to the people". You just assumed away the issue. Connection to the Internet is privately owned. US Telecom companies paid to install it and invested in it for a return. In this country at least, one cannot simply confiscate private property by declaring it to be public.

I guess you guys just don't get it. The internet belongs to the people of the United States not to the greedy telecom companies or their minions. The law suit you have filed flies in the face of the Millions of people like my self who wrote the FCC telling them to keep the internet open a free the way it is. We DO NOT WANT ANYONE DECIDING WHAT WE CAN AND CANNOT VIEW ON THE INTERNET. JUST KNOW YOU STAND AGAINST THE WILL OF THE PEOPLE OF THE UNITED STATES AND ANY VICTORY YOU MAY OBTAIN WILL BE A HOLLOW ONE. IF THE TELECOMMUNICATIONS COMPANIES CANT MAKE A PROFIT UNDER THE CURRENT RULES THEN GET OUT OF THE GAME SOMEONE ELSE CAN. VERY MUCHCA SLAP IN THE FACE OF YOUR CUSTOMERS.

Not only is the FCC's ruling contrary to law, it may also be a 5th Amendment taking without compensation. In effect, the order permits trespassing on private property in the form of uncompensated use of the service providers' private networks. Even if such a taking is permitted and compensation provided, the FCC has no authority under APA to make such a ruling because it may involve a constitutional violation.

You should also consider that the changing the internet to a utility constitutes a 5th Amendment taking and is without compensation. Such regulatory takings have been recognized by the courts. Moreover, the FCC may have exceeded its authority because a taking may be involved.