The National Cable & Telecommunications Association and the American Cable Association have filed a request with the FCC to stay implementation of the new rules governing network neutrality until the courts have spoken on the matter.
The rules are scheduled to go into effect 6/12/15.
They said that the Final Order on the matter “…is by any measure a sea change in federal telecommunications law.”
They said that numerous business practices will have to be revised – all for a body of regulation that may not withstand judicial review.
“The Order’s drastic departure from the framework that has been in place since the dawn of broadband by itself justifies proceeding circumspectly and delaying implementation of the Order until the federal courts, which have the final say on the Order’s validity, have ruled,” they wrote.
They also pointed out that a stay of the rules would not be an admission of defeat by the FCC. “The Commission does not need to agree that the D.C. Circuit Court is likely to overturn the order – only that there are significant questions on judicial review.
They asked for an answer from the FCC by 5/8/15 so that in the event the FCC’s response is “no” they can take the request for a stay directly to the court.
NCTA President & CEO Michael Powell said, “While we continue to strongly support enforceable open Internet protections, we are deeply concerned that Title II regulation will immediately harm the industry and consumers, and retard efforts to deploy next generation networks throughout the country. We further believe that the FCC’s decision to shift from a national policy of light Internet regulation established by Congress to heavier regulation risks undercutting the dynamic innovation, entrepreneurial activity and consumer freedom that has been the hallmark of the Internet’s success. Litigation is a regrettable path, given it will likely take years to resolve and the final outcome is unknown. For this reason, we continue to urge Congress to settle the matter through legislation, which can permanently codify open Internet protections, while avoiding the damaging consequences of an ill-suited regulatory model.”
ACA President and CEO Matthew M. Polka said, “ACA is filing this stay request in an effort to prevent the irreparable harm that awaits smaller ISPs as a result of Title II reclassification adopted by the FCC on February 26. Seeking a stay is an extraordinary step for ACA and its members, but a necessary one, because the FCC declined to protect small ISPs, financially the most vulnerable companies, from being inundated in a sea of red tape that will cause them harm starting on day one that can’t be mended after-the-fact. We hope the FCC will give this stay request the serious attention that it deserves, and grant it to spare some of the country’s smallest ISPs and their customers the trauma of complying with rules that are likely to be found invalid by the courts in the near future.”
