FTC, AT&T Square Off in 9th Circuit Oral Argument Tuesday Over Data-Throttling Case

Attorneys for the FTC will square off with their AT&T Mobility counterparts during an oral argument Tuesday before the full 9th U.S. Circuit Court of Appeals that could decide whether the commission has oversight over some activities of ISPs. The hearing will begin at 1 p.m. PDT in San Francisco. A three-judge 9th Circuit panel last year decided the FTC didn't have jurisdiction, in tossing out the government's data-throttling case against the carrier. The company successfully argued that its status as a common carrier exempted it from liability under Section 5 of the FTC Act, while the commission said the telco's mobile data service was a non-common carrier activity and therefore subject to government oversight (see 1608290032). The trade agency appealed the decision, saying other companies that offer broadband services could claim common-carrier exemption leaving an enforcement gap. It was granted the en banc rehearing in May (see 1705090068 and 1709140058).