Verizon, EarthLink and Brand X Internet filed separate suits agai...
Verizon, EarthLink and Brand X Internet filed separate suits against FCC over its decision to declare cable modem service interstate information service. Companies join Media Access Project, which is representing 3 public interest groups (CD March 26 p1), in…
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its bid to have FCC’s decision set aside. Verizon, which filed in U.S. Appeals Court, D.C., argued that Commission was violating First and Fifth Amendments by treating phone companies that offered high- speed data services differently from cable companies that did same. FCC’s decision to call cable modem service information service means cable companies are exempt from regulations affecting common carriers such as Verizon, it said. Commission has separate proceeding examining data delivered via common carriers, and some commissioners are on record as saying they would be inclined to remove regulations in order to reach parity between different deliverers of similar services. Verizon spokeswoman said that despite current proceeding, “we wanted to preserve our argument that cable modem services and our broadband services should be treated the same as a legal matter.” Like MAP, EarthLink filed one- page petition in D.C. Circuit. Brand X filed its petition in 9th U.S. Appeals Court, San Francisco.