An appeals tourist court Monday drop Verizon ’s challenge of the U.S. Federal Communications Commission ’s December net neutrality opinion , calling it previous .
A three - justice panel of the U.S. Court of Appeals for the District of Columbia noted in its decision that the FCC ’s net neutrality order is a formula - making document subject to judicial critique once it is publish in the Federal Register . The panel said that the charm ’s “ prematurity is incurable . ”
Verizon will refile the causa once the FCC ’s net neutrality order is write in the Federal Register , said Ed McFadden , a Verizon spokesman . The FCC ’s counselling about the timing of appeals to the net neutrality order was ill-defined , and Verizon filed the lawsuit to protect its ability to take exception the rules , he enunciate .
The Union cash register is the official U.S. political science publishing for agency rules .
The appeals motor inn also adhere down an appeal by mobile provider MetroPCS on the same grounds .
In its December ruling , the FCC voted to prohibit broadband military service providers from selectively block or slowing Web contentedness and applications . As expected , the predominate loose protest from some religious service provider , although AT&T and Comcast say they could live with the rule .
Verizon appealed the FCC opinion on Jan. 20 . The troupe reason that the FCC does not have the sanction to regulate broadband .
“ We are deeply touch on by the FCC ’s statement of all-embracing self-confidence for sweeping unexampled regulation of broadband meshwork and the Internet itself , ” said Michael Glover , Verizon ’s senior vice president and deputy general counsel , in a program line accompany the challenge .
Backers of the net neutrality ruling Monday hailed the appeal court ’s determination .
“ This is just surprising , ” said a statement from Andrew Jay Schwartzman , aged vice president and policy director of the Media Access Project . “ Verizon essay to game the organisation by essay to dispute the FCC ’s undecided Internet conclusion prior to its official passing . … The future of the Internet is too of import for such legal shenanigans . Notwithstanding Verizon ’s ploy , this case will be find out in the right court , at the correct meter . ”
