D.C. Circuit Denies Verizon Motion for Same Panel as Comcast Net Neutrality Case

FCC, Net Neutrality February 2nd, 2011

, Managing Editor, BroadbandBreakfast.com

The United States Court of Appeals for the D.C. Circuit denied Verizon’s request Wednesday to assign to its current net neutrality challenge the same panel of judges that decided Comcast’s challenge last year.

Verizon filed an appeal in the D.C. Circuit last week against the Federal Communications Commission (FCC), claiming that the agency overstepped its authority when it issued its Open Internet Order in December of last year.  The Commission issued the Order after the D.C. Circuit struck down its attempt to enforce net neutrality principles on cable internet provider, Comcast, in March of last year.

“This is all part of the process,” Verizon spokesman, Ed McFadden said of the ruling.

The motion is another in what is quickly becoming a quick succession of procedural maneuvering since Verizon filed the original appeal last month.  Earlier this week, the FCC filed a motion for the court to dismiss both the Verizon appeal and a similar appeal by carrier MetroPCS because the agency contends that the appeals were filed too early.  The FCC asserts the decision only takes effect upon “public notice,” in this case, publication in the Federal Register.

FCC spokesman, Rob Kenny, declined to comment on the ruling.

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