Consumer group Free Press on Wednesday sued the Federal Communications Commission over its net neutrality rules, arguing that they do not go far enough in respect to wireless companies.

Consumer group Free Press on Wednesday sued the Federal Communications Commission over its net neutrality rules, arguing that they do not go far enough in respect to wireless companies.

The group's lawsuit, filed in a Boston appeals court, "will challenge the arbitrary nature of rule provisions that provide less protection for mobile wireless Internet access than they do for wired connections."

"When the FCC first proposed the Open Internet rules, they came with the understanding that there is only one Internet, no matter how people choose to reach it," Free Press policy director Matt Wood said in a statement. "The final rules provide some basic protections for consumers, but do not deliver on the promise to preserve openness for mobile Internet access. They fail to protect wireless users from discrimination, and they let mobile providers block innovative applications with impunity."

For those who need a refresher, net neutrality is the concept that everyone should have equal access to the Web. Amazon should not be able to pay to have its Web site load faster than a mom-and-pop e-commerce site, for example. After Comcast was , however, the FCC decided to craft rules that would ban ISPs from discriminating based on content. It was OK to slow down your entire network during peak times, for example, but you couldn't block a particular site, like BitTorrent. The rules approved by the FCC give the commission the authority to step into disputes about how ISPs are managing their networks or initiate their own investigations if they think ISPs are violating its rules.

Those rules , but the FCC back in October 2009. Those early rules covered wireless and wireline Internet service providers in the same manner. The wireless industry, however, argued that it was still growing and that that growth might be hindered if it were subject to the FCC's rules. After almost a year of back and forth, the FCC last year whereby the wireless industry would only be subject to some of the net neutrality rules.

Provisions relating to transparency apply to fixed and wireless networks. Providers must disclose their network management practices, network performance, characteristics, and the commercial terms of their broadband services. This will ensure that consumers and innovators have the information they need to understand the capabilities of broadband services, the FCC said.

On the no-blocking part, fixed providers may not block lawful content, applications, services, and non-harmful devices. Fixed providers also cannot charge providers of these services simply for delivering traffic to and from the network. Wireless providers, meanwhile, would be banned from blocking access to lawful Web sites or blocking applications that compete with their own voice or video telephony services. It does not apply to mobile broadband app stores.

"Our challenge will show that there is no evidence in the record to justify this arbitrary distinction between wired and wireless Internet access. The disparity that the FCC's rules create is unjust and unjustified," Free Press' Wood said. "And it's especially problematic because of the increasing popularity of wireless, along with its increasing importance for younger demographics and diverse populations who rely on mobile devices as their primary means for getting online."

In a statement, an FCC spokesperson said the commission's rules have brought certainty and predictability and stimulated innovation and investment in broadband. "We will vigorously oppose any effort to disrupt or unsettle that certainty, which ensures that the Internet remains an engine for job creation, innovation and economic growth," the spokesperson said.

Chris Guttman-McCabe, vice president of regulatory affairs for CTIA, which represents the wireless industry, maintained that wireless is a different beast. "I don't know what Free Press is reading, but as the FCC noted during the proceeding, wireless is different. There is ample evidence on the record that proves this," he said.

If the FCC approved these rules in December 2010, why is Free Press acting now? Turns out, the rules are not actually officialand open to legal challengesuntil they are published in the Federal Register. That , when it was announced that the rules will take effect on November 20, so now it's open season on net neutrality suits.

The FCC will probably encounter another lawsuit in the near future, though on different grounds. After the rules were approved, Verizon and MetroPCS sued, arguing that the FCC did not have the authority to regulate such issues. But because the rules had not yet been published in the Federal Register, their . Expect one if not both of them to re-file in the near future.

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