Verizon was a vocal critic of the rules when the FCC adopted them in December. Verizon sues over net neutrality

Verizon on Friday appealed the FCC’s net neutrality order, formally getting the ball rolling on the expected court battle over the controversial Internet rules.

Verizon was a vocal critic of the rules when the FCC adopted them in December, saying that the FCC does not have jurisdiction over broadband and therefore cannot regulate how Internet service providers manage the traffic that flows over their networks.


“We are deeply concerned by the FCC’s assertion of broad authority to impose potentially sweeping and unneeded regulations on broadband networks and services and on the Internet itself,” said Verizon Senior Vice President Michael Glover. “We believe this assertion of authority is inconsistent with the statute and will create uncertainty for the communications industry, innovators, investors and consumers.”

Republicans in Congress also found the FCC’s net neutrality order concerning, saying they place overly burdensome constraints on an industry that has seen massive growth. Many Democrats applauded the effort to require Internet providers to treat all Web traffic equally as a way to protect consumers, while some consumer advocates complained the order did not go far enough. Earlier this month, Free Press asked the court to review the rules, saying they should apply to both wireline and wireless networks.

In its filing with the U.S. Court of Appeals for the District of Columbia Circuit, Verizon said it is challenging the FCC’s order on the grounds that it is “in excess of the commission’s statutory authority” and “is arbitrary, capricious and an abuse of discretion within the meaning of the Administrative Procedure Act.”

The telecom giant, which operates wireline and wireless networks that would be affected by the rules, filed its appeal in the same court that overturned the FCC’s earlier attempt to require Comcast to stop slowing down Web traffic to certain users. In that case, the court found that the FCC had overstepped its jurisdiction.

The FCC, meanwhile, maintains that its rules are well within its authority and that they create certainty for telecommunications companies.

“We are pleased that, since its adoption, the commission’s Open Internet framework has brought certainty and predictability, stimulating increasing innovation and investment across the broadband economy, including mobile networks and apps,” an FCC spokesman said in a statement.

“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 spokesman said.

Verizon filed a previous appeal of the order in January, but the court dismissed the lawsuit in April because it was filed before the rules were published in the Federal Register. The rules were finally published in the Federal Register on Sept. 23, opening the door for Verizon to refile its appeal.

Free Press attacked Verizon’s appeal, calling it a “power grab.”

“The FCC’s rules are flawed and not strong enough, but Verizon’s lawsuit would leave the FCC without any authority to protect Internet users whatsoever,” said Matt Wood, Free Press Policy Director. “Ruling in Verizon’s favor would end the open Internet as we know it and leave companies like Verizon in charge of which sites and services work and which don’t.”

This article first appeared on POLITICO Pro at 4:55 p.m. on September 30, 2011.

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