AT&T Backs Off Challenge to FTC Broadband Authority, Focused on Settling Dispute

AT&T said it won't continue challenging FTC broadband authority, declining to appeal a 9th U.S. Circuit Court of Appeals en banc ruling that the commission has authority over the non-common-carrier activities of common carriers, such as telcos (see 1802260031). Broadband is considered a non-common-carrier activity under the FCC's reversal of Communications Act Title II net neutrality regulation. “We have decided not to seek review by the Supreme Court, to focus instead on negotiating a fair resolution of the case with the Federal Trade Commission,” said an AT&T spokesman Thursday. An FTC lawsuit in the Northern District of California (No. 14-cv-04785-EMC) alleged AT&T Mobility promised millions of wireless customers unlimited data, then throttled the speeds they got. The company says it no longer throttles unlimited customers once they hit a monthly data allotment. The FTC didn't comment.