NCTA Appeals Net Neutrality Decision To Supreme Court

NCTA-The Internet and Television Association, which represents cable and broadband operators, has asked the Supreme Court to hear their challenge to the federal appeals court decision upholding the Federal Communications Commission's Title II reclassification of Internet service providers.

NCTA filed a cert petition with the court Sept 28, which is its request that the High Court review the US Court of Appeals for the District of Columbia decision on the 2015 Open Internet Order. That comes as new FCC Chairman Ajit Pai has proposed to roll back that classification. The petition recognizes that and advises the court that if the FCC does reclassify ISPs as Title I information services, the court should vacate its original judgment and dismiss the NCTA cert petition as moot. NCTA says the Tom Wheeler FCC's decision to reclassify ISPs under Title II was an arbitrary and capricious reversal of long-standing policy without changed circumstances that would justify it, that the FCC violated the Administrative Procedures Act by failing to give adequate notice of its shift to Title II, and that the FCC was exceeding its authority.