Net Neutrality Petitioners Tell DC Circuit FCC Response 'Ignores' Basic Arguments
An FCC response "ignores Petitioners most fundamental arguments," replied Mozilla and others challenging the net neutrality rollback order under Communications Act Title I in the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC No. 18-1051 (see…
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1810120022). "The FCC does not explain why thirteen years of jurisprudence, including Brand X and USTA, would be wasted on articulating the proper standard for classifying BIAS [broadband internet access service] if the answer was always there, simple and unalterable: in the FCC’s latest telling, BIAS must be classified as an information service, as it has always led to third-party information services and will always do so. The FCC has no answer for this Court’s rejection of the FCC’s rationale when it was offered in USTA." The Internet Association and other intervenors replied, "The Commission' decision to eliminate all ISP conduct rules did not comply with the substantive and procedural protections of the [Administrative Procedure Act] and cannot stand."