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NetCompetition Press Release on Verizon v. FCC Court Oral Arguments

FOR IMMEDIATE RELEASE                                           

September 9, 2013

Contact:  Scott Cleland                                                 




“A Very Good Day for Broadband Pricing Freedom”

Court Majority in Verizon v. FCC Skeptical of FCC Economic Regulation Authority

FCC’s Common-Carrier-like Regulation of Broadband is Likely to be Struck Down

Potential Title II Reclassification Risk Greatly Diminishes Due to Court Skepticism    



WASHINGTON D.C. – Having witnessed the oral arguments for Verizon v. FCC at the D.C. Circuit Court of Appeals, the following quotes may be attributed to Scott Cleland, Chairman of NetCompetition:


  • “It was a very good day for broadband pricing freedom, because a majority of the Appeals Court judges signaled that current law does not allow the FCC to impose an anti-discrimination mandate on broadband providers because that is de facto common carrier regulation. Consequently that cornerstone of the FCC’s Open Internet order is likely to be struck down.”
  • “The main event was a tag-team of Judge Tatel and Judge Silberman who agreed that the FCC’s net neutrality non-discrimination mandate was effectively indistinguishable from the core Title II Section 202 non-discrimination requirement for common carriers. Both Judges also objected to the FCC order not allowing a broadband provider to block service to an edge provider that does not pay. Simply, they objected to the legality of the FCC compelling service to some for free."
  • “If the court’s decision is written as they suggested it would be in oral argument, the potential legality of the FCC reclassifying broadband Internet service as a common carrier telephone service is much less likely to pass muster with this court than before the court so deeply discussed the illegality of imposing common carrier regulation on broadband.” is a pro-competition e-forum representing broadband interests.  See