FCC rejects industry request to stay Open Internet rules

The US Federal Communications Commission denied a request submitted by telecom industry groups and major operators to stay its Open Internet rules. The FCC said that the petitioners - USTelecom, AT&T, CenturyLink, CTIA-the Wireless Association and the Wireless Internet Service Providers Association - failed to meet the criteria for granting a stay. These require them to show they would likely prevail in a full challenge of the rules, would suffer irreparable harm without the interim relief, other parties would not be harmed from suspending the rules and the public interest would benefit from the stay. 

The FCC has consistently rejected the industry claim that it does not have the authority to impose such regulations, citing court jurisprudence and no action from Congress precluding its decisions. Nor did the FCC act "arbitrarily or capriciously", as the rules are based on an analysis of changing market conditions in recent years, including the widespread use of broadband internet and rise of third-party services over internet networks. The FCC also rejected industry threats that operators will be forced to abandon investments in IP services, calling this "vague", the potential harm "theoretical" and no basis for estimating any actual danger to the industry. Previous industry statements also suggest that consumers would suffer without the Open Internet rules, and the rules are "grounded in the public interest", the FCC said. 

While the industry's attempt at suspending the rules failed, a number of court cases have been filed already to challenge the Open Internet rules.