US Telecom: FCC reclassification would be overturned

A potential move by the Federal Communications Commission to reclassify broadband Internet services as a Title II phone service wouldn't hold up in court, an attorney hired by trade group US Telecom wrote in a letter to the agency.

That could lead the FCC into a lengthy legal battle that when challenged in court would be "impossible to square with the deregulatory purposes of the Telecommunications Act of 1996," wrote former Supreme Court litigator Seth Waxman. His comments echoed those recently made by FCC member Robert McDowell.