NCTA and ACA appeal D.C. Court ruling on Title II

The NCTA and ACA joined wireless industry lobbying group CTIA, asking the U.S. Court of Appeals for the District of Columbia Circuit to reconsider their challenge of the FCC's net neutrality rules.

"ACA is challenging the FCC's abrupt departure from its decades-long successful 'light touch' regulatory approach to broadband Internet in violation of the requirement for reasoned decision making contained in the Administrative Procedure Act (APA)," said Matthew Polka, President and CEO of the American Cable Association, in a statement. 

"It is also challenging the FCC's failure to give adequate notice to interested parties that it planned to impose Title II common carrier regulation on this important part of the thriving Internet ecosystem," Polka added. 

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In June, the U.S. Court of Appeals for the District of Columbia Circuit ruled against ISP operators represented by the trade orgs. Deciding against First Amendment claims rendered by the lobbying groups, the ruling said, "Because a broadband provider does not—and is not understood by users to—'speak' when providing neutral access to Internet content as common carriage, the First Amendment poses no bar to the open Internet rules."

The FCC voted in February 2015 to codify new net neutrality regulations for internet service providers. The rules are aimed at stopping the blocking and throttling of content, as well as banning carriers and ISPs from striking deals with content companies to deliver content to consumers more quickly.

For more:
- read this joint petition from the NCTA and ACA
- read this ACA statement

Related articles:
CTIA files to appeal Open Internet ruling
Federal appeals court upholds net neutrality rules
FCC sends net neutrality rules to Federal Register, sets stage for telco, industry challenges

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