Mozilla, Consumer Groups Petition For Rehearing of Net Neutrality Case

from the round-and-round-we-go dept

Last October, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the FCC was within its authority when it buckled to telecom providers and eliminated not only the agency's net neutrality rules, but its authority over telecom providers. The ruling was a mixed blessing for big ISPs like Comcast and AT&T however, given that while it eliminated the federal guidance, it blocked the FCC from banning states from passing their own consumer protections. As a result, the telecom sector now faces a sometimes discordant patchwork of state protections, a problem of the industry's own making.

Fast forward to late last week, when Mozilla and a coalition of consumer groups petitioned the court to rehear the case. A press release from Mozilla proclaims the appeal is driven by the belief that the court ruling conflicts with D.C. Circuit or Supreme Court precedent, and the court failed to seriously contemplate the fact that the repeal itself was built on a foundation of false allegations and bogus data (namely the provably false claim that the repeal was necessary because sector investment was harmed):

"We explain why we believe the Court can in fact overturn the FCC’s new treatment of broadband service despite some of the deciding judges’ belief that Supreme Court precedent prevents rejection of what they consider a nonsensical outcome. In addition, we point out that the Court should have done more than simply criticize the FCC’s assertion that existing antitrust and consumer protection laws are sufficient to address concerns about market harm without engaging in further analysis. We also note inconsistencies in how the FCC handled evidence of market harm, and the Court’s upholding of the FCC’s approach nonetheless."

As we've noted a few times now, the repeal of net neutrality did far more than just repeal controversial net neutrality rules. It gutted FCC authority over anti-competitive ISPs, shoveling any remaining authority to an FTC that lacks the resources or authority to seriously hold telecom accountable (the entire reason the industry lobbied so intensely for the repeal in the first place). That means the FCC is not just AWOL when it comes to things like net neutrality, but from protecting consumers from a rotating crop of anti-consumer behaviors.

I recently wrote a lengthy piece explaining why those who proclaim that the "net neutrality repeal didn't matter because the internet still works" are only advertising their own ignorance as to the broader impact of the move.

And while states are (for now) free to step in to try and fill the consumer protection void, fewer than half of US States have actually done so, meaning there's currently little to nothing seriously protecting consumers from predatory telecom monopolies across a notable segment of America, precisely as telecom lobbyists and executives intended.

Filed Under: dc circuit, en banc, net neutrality, rehearing
Companies: mozilla


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  • This comment has been flagged by the community. Click here to show it
    identicon
    Richard Bennett, 17 Dec 2019 @ 7:23am

    Not gonna happen, Bodeface. I've got five hours on my knees that says a rehearing is not happening.

    Figures pirates like you won't understand the meaning of hard work.

    reply to this | link to this | view in chronology ]

    • icon
      Stephen T. Stone (profile), 17 Dec 2019 @ 7:36am

      What does net neutrality have to do with copyright infringement besides whatever tenuous connection you think they have?

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 17 Dec 2019 @ 8:32am

        Re:

        Simple. He hates both, so they are related.

        reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 17 Dec 2019 @ 7:28pm

        Re:

        Dick Bent has made no secret of his beliefs that the only reason that anyone who wants consistent and fast Internet service is a pirate. Because nobody else would want to transfer that much data.

        Also gamers who need to download huge patches, to which he thinks they should all go fuck themselves anyway.

        I'd link to the places where he loses his shit on Ars Technica but they actually moderate his tantrums very strictly over there...

        reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 17 Dec 2019 @ 6:35pm

      Re: can it be?

      “My hard work”

      Is this ajit pai?

      Oh sir it’s such an honor.

      I have always wanted to meet the man who in the future mass killers and terrorist will tattoo on their foreheads as a sign of how far gone they are.

      reply to this | link to this | view in chronology ]

    • icon
      Richard Bennett (profile), 18 Dec 2019 @ 12:14pm

      Fake comment

      This Techdirt reader is pretending to be me. This is how the TD community rolls, isn't it?

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 19 Dec 2019 @ 7:21am

        Re:

        This Techdirt reader is pretending to be me.

        Can you prove it's not you?

        I'm sorely tempted to turn your past false assertions that I am Karl back on you in this instance. I will, however, refrain. But I won't let you forget that you were 100% wrong about that. Ever. Mike jumping in to smack you down on that still puts a smile on my face to this day.

        This is how the TD community rolls, isn't it?

        No, that's how some (not all) people on the internet roll. Welcome to it. Hell, that's how some people roll period, internet or not.

        You can either develop a thick skin or be a crybaby about it and throw baseless insults at communities who have a penchant for not tolerating lying shills. (Regardless of who they pretend to be.)

        Or you could try not being a lying shill and people may stop feeling the need to parody and mock you.

        Try again Richard.

        reply to this | link to this | view in chronology ]

        • icon
          Richard Bennett (profile), 19 Dec 2019 @ 1:10pm

          Re: Re:

          It's good to know that I'm inside your head.

          reply to this | link to this | view in chronology ]

          • identicon
            Anonymous Coward, 20 Dec 2019 @ 11:12am

            Re: Re: Re:

            Well, I mean, you aren't. It's physically impossible for a human being to fit inside someone else's head.

            Try again Richard.

            reply to this | link to this | view in chronology ]

            • icon
              Richard Bennett (profile), 20 Dec 2019 @ 7:21pm

              Re: Re: Re: Re:

              Yet I force you to respond to every one of my comments, LOL.

              reply to this | link to this | view in chronology ]

              • identicon
                Anonymous Coward, 22 Dec 2019 @ 12:09pm

                Re: Re: Re: Re: Re:

                You must be either a complete idiot or a hardcore masochist then, because I embarrass you every single time I respond to one of your comments with lies so blatant they are proven wrong with a 2 second google search.

                Try again Richard.

                reply to this | link to this | view in chronology ]

                • icon
                  Richard Bennett (profile), 24 Dec 2019 @ 12:47pm

                  Re: Re: Re: Re: Re: Re:

                  LOL, such imagination!

                  reply to this | link to this | view in chronology ]

                  • identicon
                    Anonymous Coward, 24 Dec 2019 @ 3:09pm

                    Re: Re: Re: Re: Re: Re: Re:

                    Oh look, another lie from Richard.

                    Pro-tip, you only make yourself look more idiotic when you lie about something that can be easily disproven on the exact same site you are making the lie on. All anyone has to do is look at your comments to see just how badly you get thrashed on here.

                    Try again Richard.

                    reply to this | link to this | view in chronology ]

                    • icon
                      Richard Bennett (profile), 24 Dec 2019 @ 8:16pm

                      Re: Re: Re: Re: Re: Re: Re: Re:

                      Sadly, some of the people that award themselves victories in Internet comment sections actually believe they've prevailed.

                      The laughs never stop.

                      reply to this | link to this | view in chronology ]

                      • identicon
                        Anonymous Coward, 29 Dec 2019 @ 8:42am

                        Re: Re: Re: Re: Re: Re: Re: Re: Re:

                        You've yet to provide one single shred of hard evidence to prove anything we have said wrong.

                        Try again Richard.

                        reply to this | link to this | view in chronology ]

                        • icon
                          Richard Bennett (profile), 30 Dec 2019 @ 2:06pm

                          Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

                          Right, no hard evidence at all, just easy stuff.

                          As we all know, net neutrality is the number one issue facing the planet today.

                          reply to this | link to this | view in chronology ]

                          • identicon
                            Anonymous Coward, 3 Jan 2020 @ 8:56am

                            Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re:

                            You haven't even provided easy stuff. Just bogus stuff, lies, and fluff claims with ZERO evidence to back any of it up. Again, this is public knowledge for anyone to look at since anyone can search your comments here on TD.

                            And no one is saying net neutrality is the number one issue on the planet. Literally no one.

                            Try again, lying Richard.

                            reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 17 Dec 2019 @ 9:00am

    as the situation is of the industries own making, thanks to the 'bribing' and lobbying done, plus the willingness of Pai to do anything he can to help them, i really want to say 'your own fault, tuff shit'! however, the only ones who are really hurting out of this, as is the usual case, is the public! until this and future governments admit that continuously allowing the people to be hit, thinking that as long as companies continue to exist, all is right with the world, has gotta come to an end. sooner or later the people will get so pissed off that no matter what companies do, they wont be in favor. the heads of these companies are doing their companies as well as their customers complete disservices and things need to change! the USA has one of the worst broadband services in the world, with piss poor speeds, piss poor customer services, continuous lies about this, that and the other and sky high charges, coupled with extra, exorbitant fees for going over the usage limits. when every excuse imaginable is used to try to justify how things are and the amount of tax payers money that is taken under pledge of mending this, improving that, installing the other, none of which ever come to fruition and threats are then levied unless even more tax payer cash is given to the same companies for doing nothing on top of the nothing they've already done is disgraceful. and dont forget the congress persons, senators etc who keep voting to give money and more money to the companies, isnt it about time for serious change? for such a high profile country to be so far down the broadband capability list is shameful, especially when it should be one of the leaders, one of the most innovative. their are no excuses other than greed and control, pure and simple!!

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 17 Dec 2019 @ 11:10am

    We are here to help

    The government has already decided we don't need net neutrality, no need for a hearing.

    reply to this | link to this | view in chronology ]

  • icon
    ECA (profile), 17 Dec 2019 @ 1:15pm

    And we bow our heads...

    In consideration that Our fed is all holey and knows what the F' they are doing..
    In acknowledgement of said Gov. we see...
    The Citizens confused as to Who in hell to complain to..
    90 % of the people Dont even know Who to bitch at to get things done.
    They end up calling the ISP/Call phone company/cable/... and get Nothing.(if you package this you can save money.. is not an answer)
    then the agencies responsible in state and Fed, tend to be understaffed, doing other things just as important, Confused as to Whose side they are on, and what laws/regs to enforce, Transfer them to the Other agency that they Think maybe able to help, but the DOT has nothing to do with any of it..
    Contacting a congressman, or State rep, does almost nothing, because by the time 1 person finds that number, another election is coming and HE/SHE wont be there long enough to do anything.

    We are talking about Corps and agencies that allowed a 100 year old tax on Phones to keep running..really. It was to pay for the Spanish American war and Teddy did it. And Still no one can tell us Who got the money..

    Anyone ever read the fine print?? On Lotto cards, and Coupons?? last I looked it was that the Store got to keep a good share of the Coupon value. For taking a $1 coupon they would get 10-50 cents.. Its the same with collecting taxes..State and fed and city.. Its a waterfall going up hill and loosing most of its water..

    reply to this | link to this | view in chronology ]


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