A U.S. trade group and a broadband provider on Monday filed separate court challenges of the Federal Communications Commission's recently approved "net neutrality" rules. US Telecom, a trade group that includes some of the nation's largest Internet providers, said it filed a lawsuit against the FCC in the U.S. Court of Appeals for the District of Columbia, which has in the past twice rejected the net neutrality regulations. The group argues the new rules are "arbitrary, capricious, and an abuse of discretion" and violate various laws, regulations and rulemaking procedures. "As we have said throughout this debate, our member companies conduct their business in conformance with the open Internet principles, support their enactment into law, and a regulatory approach that relies upon Section 706 authority of the Communications Act," US Telecom President Walter McCormick said in a statement. "However, we do not believe the Federal Communications Commission’s move to utility-style regulation invoking Title II authority is legally sustainable."
Alamo Broadband Inc., a small broadband provider based in Elmendorf, Texas, filed a similar challenge in the Fifth Circuit Court of Appeals in New Orleans. FCC officials have said they were prepared for lawsuits and the new rules were on much firmer legal ground than previous iterations. The FCC said Monday's petitions were "premature and subject to dismissal."
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