Net Neutrality Case Will Be Heard At D.C. Court of Appeals

October 12, 2011 by Freeanons

Looks like an unfortunate volley has been struck against Net Neutrality in the court system…Politico: ‘Net neutrality foes score early win’ by Eliza Krigman ”In a victory for net neutrality opponents, a judicial panel chose the D.C. Circuit Court of Appeals in a random lottery Thursday to decide where the net neutrality case will be heard.

The D.C. Circuit is considered the most likely to overturn the controversial net neutrality rules of the courts that were in play to review them. The lottery outcome therefore gives an early advantage to Verizon, which sued to overturn the FCC regulations passed in December.

“As we made clear in our filing, we felt this was the appropriate venue,” said Verizon spokesman Ed McFadden.

Verizon argued in its legal challenge that that D.C. has exclusive jurisdiction over the net neutrality issue because the FCC rules modify wireless licenses. The FCC filed a motion to dismiss that suit, but now it won’t matter because the D.C. circuit has been chosen at random.

“Verizon has good reasons for wanting to be in the D.C. Circuit,” said John Hane, a telecommunications lawyer at Pillsbury Winthrop. “The D.C. Circuit has construed the FCC’s ancillary authority narrowly, notably, just a couple of years ago, when it rejected an FCC rule that required wireless carriers to meet high standards for backup power at tower sites.”

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