Industry Coalition Challenges FCC Net Neutrality and Title II Orders

A coalition of industry groups on Friday challenged the FCC's net neutrality order and declaratory ruling reclassifying broadband as a Communications Act Title II telecom service.

The coalition, which included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations, asked the FCC to stay the effective date of its order and declaratory ruling pending judicial review. In addition, CTIA filed a petition for review of the FCC order at the D.C. Circuit U.S. Court of Appeals. The Benton Institute for Broadband & Society also sought partial review of the order at the D.C. Circuit.

The framework is "unlawful under both the major-questions doctrine and ordinary principles of statutory interpretation," the industry groups said in the petition filed with the FCC Friday. The groups warned that its members will "immediately be required to reevaluate, put on hold, and potentially scrap new offerings and business initiatives" if the order takes effect. The public "would suffer minimal harm from putting the Commission’s rule on hold," the groups said.