FCC’s “illogical” claim that broadband isn’t telecommunications faces appeal

Enlarge / The Federal Communications Commission seal hangs inside a meeting room at the headquarters ahead of an open commission meeting in Washington, DC, on Thursday, December 14, 2017. (credit: Getty Images | Bloomberg)

Mozilla and other organizations today appealed the court ruling that upheld the Federal Communications Commission's repeal of net neutrality rules, arguing that the FCC's claim that broadband isn't telecommunications should not have been accepted by judges.

The FCC repeal was upheld in October by a three-judge panel at the US Court of Appeals for the District of Columbia Circuit. The court had some good news for net neutrality supporters because it vacated the FCC's attempt to preempt all current and future state net neutrality laws. But Mozilla and others aren't giving up hope on reinstating the FCC rules nationwide.

The Mozilla petition filed today asks for an en banc rehearing of the case involving all of the DC Circuit judges. Mozilla is probably facing an uphill battle because the three-judge panel unanimously agreed that the FCC can repeal its own net neutrality rules.

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