USTelecom Takes Aim at Interconnection, Conduct Standard

Author: 
Coverage Type: 

USTelecom has signaled the arguments it plans to make in its court challenge of the Federal Communications Commission's Feb. 26 decision to reclassify broadband as a Title II telecommunications service subject to common carrier regulation. Among them are the FCC's classification of interconnection under Title II and its creation of an "amorphous" general conduct standard.

In a nonbinding statement of issues -- it could add or subtract -- filed with the US Court of Appeals for the DC Circuit April 23, USTelecom said the issues it was raising are:

  • Whether Title II reclassification "violates the terms of the Communications Act of 1934, as amended, and the First and Fifth Amendments to the U.S. Constitution [speech and taking of property]; or is based on an unreasonable interpretation of the statute, is arbitrary and capricious, or is otherwise contrary to law.
  • Whether the FCC's assertion of authority over the terms on which broadband Internet access providers interconnect with other IP networks, and its classification of that interconnection as a common carrier telecommunications service under Title II" is similarly illegal.
  • Whether the specific rules the FCC adopted, including but not limited to its Internet conduct standard, exceed the agency's authority, are arbitrary and capricious, or otherwise contrary to law.
  • Whether the reclassification violated the requirement that the FCC provide the requisite notice and comment.

USTelecom Takes Aim at Interconnection, Conduct Standard