Remember how Verizon argued in 2012 that net neutrality rules violate its First and Fifth Amendment rights?
While Verizon itself isn’t challenging the Federal Communications Commission’s latest net neutrality order, AT&T and the other Internet service providers that are suing the FCC have resurrected this argument.
In a statement of issues that AT&T intends to raise when the case moves further into the court process, the company said last week that it plans on challenging whether the FCC’s net neutrality order “violates the terms of the Communications Act of 1934, as amended, and the First and Fifth Amendments to the US Constitution.” The First and Fifth Amendment will be used to attack the FCC’s decision to reclassify both fixed and mobile broadband as common carrier services, as well as the FCC’s assertion of authority over how ISPs interconnect with other networks.
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