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USTelecom Challenges FCC Open Internet Order


Commission Lacks Legal Authority to Change Regulatory Classification


Background: Today, 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.

The following statement is from USTelecom President Walter McCormick:

“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. Our appeal is not focused on challenging the objectives articulated by the President, but instead 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. Reclassifying broadband Internet access as a public utility reverses decades of established legal precedent at the FCC and upheld by the Supreme Court. History has shown that common carrier regulation slows innovation, chills investment, and leads to increased costs on consumers. The commission’s overreach is not only legally unsustainable, it is unwise given the enormous success of the commission’s Title I approach for consumers, businesses and Internet entrepreneurs, and it is unnecessary given the fact that broadband service providers are operating in conformance with the open Internet standards advanced by the president, agree with the standards, support their adoption in regulation by the FCC under Section 706, and support their enactment into law by the United States Congress.”             

For more information, read the filing.



About USTelecom

USTelecom is the nation’s leading trade association representing service providers and suppliers for the telecom industry. Its diverse member base ranges from large publicly traded communications corporations to small companies and cooperatives – all providing advanced communications services to markets both urban and rural.