Court Ruling On Open Internet Imminent For Comcast, Verizon, AT&T
A federal appeals court could hand down a decision any day on the Open Internet Order — also called “net neutrality” — rules opposed by Internet service providers such as AT&T ( T ), Comcast ( CMCSA ) and Verizon Communications ( VZ ). The U.S. Court of Appeals for the District of Columbia Circuit typically releases decisions on Tuesdays and Fridays. Telecommunications, cable and wireless industry trade groups have challenged the Federal Communications Commission’s authority to enforce rules for an open Internet . In separate cases, Verizon and Comcast have successfully challenged earlier FCC net neutrality rules. A ruling from “D.C. Circuit 3” appeals court had been expected as early as April. The three-judge panel heard oral arguments in December. Judge David Tatel, who ruled against the FCC in an earlier case, in December appeared more favorable to the FCC’s position, some analysts say. Phone and cable TV stock will likely trade up or down depending on the ruling from the appeals court’s three judge panel. The case, however, could reach the U.S. Supreme Court. “Most agree this is an issue that will likely end up before the Supreme Court, especially if the FCC wins,” said Jennifer Fritzsche, a Wells Fargo analyst, in a research report published Thursday. Jonathan Atkin, an analyst at RBC Capital, said in a recent report that the appeals court may overturn rules on net neutrality that apply to wireless networks but uphold those for wireline broadband. Another court option is to “remand” the FCC’s rule-making back to the agency for additional work The FCC in February 2015 reclassified broadband services as a public utility, in order to enforce net neutrality rules under Title II of the 1934 Communications Act . The agency also expanded net neutrality rules to wireless networks for the first time. The rules bar ISPs from throttling, blocking or prioritizing Web traffic. The FCC also created a general conduct standard that ISPs cannot harm consumers or service edge providers, such as Alphabet ‘s ( GOOGL ) Google or Netflix ( NFLX ). Some consumer groups over the past six months have objected to new, so-called “zero-rated,” services offered by Verizon, Comcast and T-Mobile US ( TMUS ) that do not count video or data usage toward monthly caps.