The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
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