FCC Denies Stay of Net Neutrality Rules

Opponents of the U.S. Federal Communication Commission's Open Internet Order have failed to win a stay on the order because they did not show they would be "irreparably harmed" by the agency's new stance on Net neutrality, the FCC ruled late last week. Two groups of opponents had filed separate petitions seeking such a stay earlier this month.

The groups oppose the FCC's February reclassification of broadband providers as Title II "common carriers" that are subject to regulations in the public interest to ensure their services do not discriminate against any class of customers. Opponents say that classification, rather than the previously applied "information service" standard, would subject them to "onerous" and costly responsibilities.

Two petitions, each seeking a stay on the FCC's order, were filed on May 1. One petition was filed by the U.S. Telecom Association, the CTIA Wireless Association, AT&T, the Wireless Internet Service Providers Association and CenturyLink, while the other was filed by the American Cable Association and the National Cable & Telecommunications Association.

'Uniquely Dependent on Telecommunications Networks'

Upon filing the petition, Meredith Attwell Baker, President and CEO of the CTIA acknowledged in a blog post that "stays are not common." However, she added, "the uncertainty and serious ramifications stemming from the FCC's order requires CTIA to take every procedural step available to limit the impact of the FCC's overreach."

In spelling out their decision to deny the stay petitions, the chiefs of the FCC's Wireline Competition Bureau and Wireless Telecommunications Bureau said that a stay was an "extraordinary remedy" that would have required the petitioners to demonstrate that their cases were likely to prevail on the merits; they would suffer irreparable harm; a stay would not harm other parties; and a stay was in the public interest.

The FCC chiefs concluded the petitioning organizations weren't...

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FCC Denies Stay of Net Neutrality Rules

Opponents of the U.S. Federal Communication Commission's Open Internet Order have failed to win a stay on the order because they did not show they would be "irreparably harmed" by the agency's new stance on Net neutrality, the FCC ruled late last week. Two groups of opponents had filed separate petitions seeking such a stay earlier this month.

The groups oppose the FCC's February reclassification of broadband providers as Title II "common carriers" that are subject to regulations in the public interest to ensure their services do not discriminate against any class of customers. Opponents say that classification, rather than the previously applied "information service" standard, would subject them to "onerous" and costly responsibilities.

Two petitions, each seeking a stay on the FCC's order, were filed on May 1. One petition was filed by the U.S. Telecom Association, the CTIA Wireless Association, AT&T, the Wireless Internet Service Providers Association and CenturyLink, while the other was filed by the American Cable Association and the National Cable & Telecommunications Association.

'Uniquely Dependent on Telecommunications Networks'

Upon filing the petition, Meredith Attwell Baker, President and CEO of the CTIA acknowledged in a blog post that "stays are not common." However, she added, "the uncertainty and serious ramifications stemming from the FCC's order requires CTIA to take every procedural step available to limit the impact of the FCC's overreach."

In spelling out their decision to deny the stay petitions, the chiefs of the FCC's Wireline Competition Bureau and Wireless Telecommunications Bureau said that a stay was an "extraordinary remedy" that would have required the petitioners to demonstrate that their cases were likely to prevail on the merits; they would suffer irreparable harm; a stay would not harm other parties; and a stay was in the public interest.

The FCC chiefs concluded the petitioning organizations weren't...

Comments are closed.