CTIA Files to Protect Wireless Exemptions in Net Neutrality Order; AT&T Shareholders Urge Vote on Issue
CTIA said it asked to help defend the FCC against a federal lawsuit attacking the broad wireless exemptions in last year’s net neutrality order (CD Dec 1 p1). Meanwhile, net neutrality proponents were hailing a filing by a group of AT&T shareholders who urged the company to adopt open Internet principles for its wireless networks.
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CTIA petitioned the U.S. Court of Appeals for the District of Columbia Circuit Wednesday for leave to intervene against a lawsuit brought by consumer advocates because CTIA and its members “would be directly affected by a decision of this Court to stay, modify, affirm, or set aside the Order.” The wireless association said: “For several independent reasons, the FCC determined that ‘mobile broadband presents special considerations that suggest differences in how and when open Internet protections should apply.'” The FCC accordingly imposed fewer regulatory burdens on mobile Internet access than on fixed-line counterparts. Petitioners challenge the FCC’s determination that “wireless is different” and its decision to regulate mobile services more lightly. CTIA wishes to defend the FCC against that challenge and any related arguments that the FCC erred in imposing too few regulatory burdens.
In New York, separate shareholders of AT&T asked the company to let them vote on whether the company should adopt and abide by neutrality principles for its wireless networks. The effort was organized by the nonprofit group Open MIC, which favors neutrality rules. “It’s the beginning of the discussion,” Open MIC Executive Director Michael Connor told us. The FCC’s rules from last year aren’t adequate because they carved out a large exemption for wireless, Connor said: “And, obviously, this is where this is all heading.”
AT&T didn’t formally oppose the FCC’s net neutrality order last year. In fact, along with NCTA, it was one of the leading advocates of the compromises that eventually were folded into the order (CD Dec 17 p8). This was in part because AT&T was told that if they didn’t support a compromise, the FCC would reclassify Internet under Title II. Congressional Republicans have made clear that their battle against neutrality rules isn’t over and the Senate could vote on an anti-neutrality measure as early as next month (CD Oct 20 p12).
Connor said he was more interested in the first principles argument over net neutrality. “Look, I'll leave it to you to decipher the Washington politics of it,” he said. “The important thing is for AT&T to take a position.” AT&T didn’t comment. An FCC spokesman declined to comment.