AT&T Throttling Case Back in Court

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The 9th Circuit Court of Appeals will hear arguments in a Federal Trade Commission throttling case against AT&T that has major implications for the agency’s reach over telecommunications companies. An 11-judge panel is taking a second look at the case, which centers on whether a carve-out in the FTC’s jurisdiction for "common carriers" should be based on a company’s activities or its status. A three-judge panel from the court sided with AT&T in 2016 and knocked down the FTC’s case against the telecom giant, ruling that the agency did not have the authority to bring the lawsuit against the company because of its status as a common carrier. The FTC asked the court to re-hear the case, and got support from the Federal Communications Commission and internet service providers including Comcast, Charter, Cox Communications and Verizon.


AT&T Throttling Case Back in Court