Joining Verizon in its appeal is MetroPCS. Both carriers argue that the FCC is overreaching with this policy and exceeding its mandate. In addition, the carriers argue that the rules generated by these policy are “arbitrary and capricious,” and violate the Telecommunications Act of 1996. On top of all that, Verizon and MetroPCS also claim the policy is a violation of the carriers’ First Amendment rights, stating that the networks these companies own are the same as a microphone or Speakers Corner to engage in free speech.
The rules as they stand now, prevent network carriers from selectively controlling applications and services that require wireless or wireline broadband connections. It will be interesting to see how the arguments play out, there are a number of players that are listed as “intervenors” in support of the FCC policy, namely CTIA-The Wireless Association, the Open Internet Coalition and Vonage Holdings.
What follows in the filing is over 100 pages of briefs and citations of other cases which purportedly make the case for Verizon and MetroPCS. That will set the tone for the hearing which has not been scheduled.
sources: FCC via Phone Scoop