Free Press, a nonpartisan organization working to reform the media, has asked a federal appeals court in Boston to review rules that were crafted to preserve the openness of the Internet.
Florence, Mass.-based Free Press on Wednesday asked the U.S. Court of Appeals for the First Circuit to review the Federal Communications Commission’s Open Internet Order, which was adopted in December of last year.
Published on Sept. 23 in the Federal Register, the rules apply to fixed and mobile broadband providers. But mobile operators face fewer restrictions, and Free Press claims the FCC cannot justify distinguishing between wired and wireless Internet access.
“The final rules provide some basic protections for consumers, but do not deliver on the promise to preserve openness for mobile Internet access," Free Press Policy Director Matt Wood said in a statement. “They fail to protect wireless users from discrimination, and they let mobile providers block innovative applications with impunity."
In the petition for review, Free Press alleges the FCC’s decision to adopt different rules for wireline and wireless broadband providers “violates the Communications Act of 1934, or other statutes, and is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law."
One of the new rules requires both fixed and mobile broadband providers to reveal their network management practices, performance and characteristics, and commercial terms of their broadband service. But fixed broadband providers like Comcast and Verizon Communications face more restrictions than wireless broadband companies, including a prohibition against unreasonably discriminating in transmitting lawful network traffic.
“Mobile broadband is at an earlier stage in its development than fixed broadband and is evolving rapidly," the FCC wrote in its order, partially explaining its reason for taking a more measured approach to mobile broadband regulations.
The so-called Net neutrality rules have met opposition from the likes of MetroPCS and Verizon Communications and are expected to face court challenges in Washington, D.C. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit dismissed challenges to the Open Internet Order, finding that MetroPCS and Verizon Communications filed lawsuits prematurely. But the court noted that the FCC’s rules would “be subject to judicial review upon publication in the Federal Register."
Verizon and MetroPCS haven’t yet filed an appeal, and Free Press’ filing in Boston makes it uncertain where the court challenges will be heard.
Some industry experts have speculated that Verizon would seek to challenge the rules in Washington, D.C., partly for strategic reasons because the court there often hears cases involving the FCC and has overturned the agency’s decisions on a number of occasions.
The rules will become effective on Nov. 20, about 11 months after the FCC voted to adopt them.
