USTelecom Takes Aim at Interconnection, Conduct Standard

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.