First Lawsuits Challenging FCC's New Net Neutrality Rules Arrive

An anonymous reader writes: A small ISP based in Texas and an industry trade group have become the first to file lawsuits challenging the FCC's recent net neutrality rules. The trade group, USTelecom, argues that the regulations are not "legally sustainable." Alamo Broadband claims it is facing "onerous requirements" by operating under Title II of the Communications Act. Such legal challenges were expected, and are doubtless the first of many — but few expected them to arrive so soon. While some of the new rules were considered "final" once the FCC released them on March 12, others don't go into effect until they're officially published in the Federal Register, which hasn't happened yet.

Comments

Alamo Broadband's complaint

[riverat1]

The Alamo Broadband complaint reads as follows:

Alamo seeks relief on the grounds that the Order: (1) is in excess of the Commission's authority; (2) is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act; (3) is contrary to constitutional right; and (4) is otherwise contrary to law.

That's about as generic as it can get. I don't see it going anywhere.

Re:Alamo Broadband's complaint

[Required Snark]

You don't understand our new post-captialist economy. In post-capitalism, entrenched special interest have a right to make money and the basic purpose of government is to enact laws that insure profit. That is the law of the land manifest in the DCMA. So, for example, Kurig is using DRM to eliminate competition on refills for their machines.

Post-capitalism also conveniently eliminates pesky constitutional guarantees enforcing the rule of law. Contractual language can now eliminate search warrants and right of privacy when Stingray cellphone technology is used for mass surveillance. Both government and private enterprise benefit in post-capitalism.

Broadband providers have just as much right as any other business to run an entrenched monopolistic enterprise and make vast amounts of money. I fully expect that the current court system will correct the loopholes that threaten their guaranteed profitability, and give them the same protection under the law that other corrupt special interests enjoy in our post-capitalist system.

Why is this so hard to understand? It's obviously the American Way.

Re:May you choke on your own words

[dywolf]

Well first off, they aren't fixing it.
They are simply preserving the status quo as a bit of a pre-emptive strike before companies like Comcast can break it.