Local Governments Ask FCC To Delay Net Neutrality Vote
By Jay Cassano for IB Times - When the Federal Communications Commission votes December 14 on Chairman Ajit Pai’s proposal to repeal “net neutrality,” the Obama-era rules that classified broadband providers as “common carriers,” regulation of the internet will likely be ceded to the Federal Trade Commission. With the vote approaching, a coalition of local governments and consumer protections groups sent a letter to the FCC Monday morning asking the commission to delay the vote until a crucial, obscure court case is resolved. Leading those governments is New York City, alongside a host of high profile consumer rights advocates. At issue is the case FTC vs AT&T Mobility , which could undermine the FTC’s regulatory authority. AT&T's unorthodox argument: that because part of its business is already regulated by the FCC as a common carrier, the FTC does not have jurisdiction because of what is known as the “common carrier exception.” That exception is normally read to apply to specific activities of businesses and not the entire business itself. Nonetheless, the U.S. Court of Appeals for the Ninth Circuit originally sided with AT&T. The decision was later vacated and is now being reviewed en banc by the entire court.