Opponents of the U.S. Federal Communications Commission’s (FCC’s) new net neutrality rules have vowed to keep fighting, after an appeals court denied a petition to block them.
The U.S. Court of Appeals for the District of Columbia on Thursday said the petitioners had not satisfied its "stringent requirements" for taking action. The decision means the FCC’s new Open Internet Order will come into force on Friday.
"This is just one battle," said Scott Belcher, CEO of the Telecommunications Industry Association (TIA), in a statement. "There is no good reason to now have the Internet governed under antiquated and onerous regulations that will harm investment and create uncertainty for the communications industry and economy. For this reason, we will continue to challenge the FCC’s regulatory regime."
The TIA is part of a large group of lobbyists and telcos trying to overturn the new rules.
While they have no problem with the aim of the Open Internet Order, they staunchly oppose the method, namely to reclassify broadband as a utility under Title II of the Communications Act, subjecting operators to close scrutiny over how they manage traffic on their networks.
A group of opponents comprised of USTelecom, AT&T, the National Cable and Telecommunications Association (NCTA), CTIA, the Wireless Internet Service Providers Association (WISPA), and the American Cable Association (ACA), petitioned the FCC to stop the new rules coming into force.
They claim that Title II reclassification is arbitrary, capricious, and an abuse of discretion by the FCC.
When the FCC rejected the complaint, the group turned to the Court of Appeals, petitioning it to block the rules and expedite its case against them. On Thursday, the court denied the motion to block the rules; however, it did agree to expedite the case.
"The parties are directed to file a proposed briefing format and schedule within 14 days of the date of this order," said the court, in its ruling statement.
The TIA said its next step will be to file documents with the court that support the case against Title II.
"We continue to believe the court will ultimately invalidate these rules," Belcher said.
