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Verizon and MetroPCS Accuse FCC of Violating Free Speech

Nov 1, 2012, 12:54 PM by Eric M. Zeman

Verizon Wireless and MetroPCS are appealing a court decision regarding the Federal Communications Commission's mobile broadband regulations, which went into effect in December 2011. Verizon and MetroPCS argue that the FCC has overstepped its mandate with legislation that prevents network operators from managing certain types of network traffic. Verizon and MetroPCS make four main arguments. First, the Telecommunications Act "expressly forbids the FCC from applying common-carrier regulation to broadband Internet access, but the rules do just that." Second, the FCC lacks statutory authority to implement any such rules. Third, the rules are unconstitutional and violate the First Amendment. Verizon and MetroPCS argue, "Broadband networks are the modern-day microphone by which their owners engage in First Amendment speech." Last, Verizon and MetroPCS maintain that the rules are "arbitrary and capricious." The rules were put into effect last year to prevent network operators from selectively controlling apps, services, and other functions that require mobile and wired broadband connections.

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algorithmplus

Nov 4, 2012, 1:11 PM

Are these companies 'natural people'?

I may be not be correct, but doesn't the bill of rights pertain to natural people?

These corporations pay taxes under corporate tax law, not individual tax law. These corporations are owned by their shareholders. These corporations do not have the right to vote and these corporations are not eligible for OASDI (old age, survivors, and disability income), Medicare/Medicaid, and these corporations cannot receive payments directly from the government under the unemployment programs in place. How would a corporation handle the right to bear arms, would they hold a weapon in the left hand or a right hand? What color eyes does the corporation have? How could the corporation be imprisoned in its entirety?

Simply put, I don't believe th...
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johnhr2

Nov 1, 2012, 1:15 PM

Other way around...

From they way I understand the FCC rules, they make sure phone and internet companies allow their customers to use the internet without one site buying for faster speeds, and allows customers to visit legal sites without companies blocking access to them. So it seems like Verizon and MetroPCS wants to limit free speech not allow it to grow.

Eric M. Zeman

Yes, that's the gist of it, but even so Verizon and MetroPCS are arguing that the FCC rules as written somehow violate internet users' free speech.

Verizon and MetroPCS have been fighting this legislation for a long time. They are desperate to have...
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