Internet service providers on Monday filed two lawsuits against the new “net neutrality” rules adopted by the FCC. Previous net neutrality rules were struck down in federal court in 2011, and providers such as AT&T and Verizon are trying the legal route once more to halt new rules that seek to govern Internet providers as utilities.

USTelecom, the trade association for the telecommunications industry that represents companies such as AT&T and Verizon, filed one suit.

The group calls the FCC decision “arbitrary, capricious and an abuse of discretion.” It also “violates federal law,” the suit reads.

A wireless Internet provider in Texas also sued.

Companies have said they would likely challenge the FCC rules, which were adopted 3-2 by the three Democrat appointees led by Chair Tom Wheeler on the commission on Feb. 27. Later at the World Mobile Congress in Spain,. Wheller said the new rules were required because the Internet needed a “referee.”

Some Republican members of Congress also is challenging the FCC’s decision.

The Net Neutrality Issue:

  • Congress says Obama aides “meddled” in net neutrality
  • FCC commissioner says Internet needs a “referee.”
  • Key provisions of FCC’s order
  • Net neutrality: What’s likely to happen next

“The focus of our legal appeal will be on the FCC’s decision to reclassify broadband Internet access service as a public utility service after a decade of amazing innovation and investment under the FCC’s previous light-touch approach,” Jon Banks, a senior vice president for USTelecom, said in a statement provided to National Review, which first reported the suits.

“As our industry has said many times, we do not block or throttle traffic and FCC rules prohibiting blocking or throttling will not be the focus of our appeal.”

The suit was filed in the U.S. Court of Appeals for the D.C. Circuit.

An FCC spokesperson told National review that the suits were “premature” since the new rules have not been published in the Federal register.

The filing

But in a three-page filing, USTelecom said it was concerned if it didn’t file a complaint quickly because of which date the rules would be considered “final.”

The complaint reads in part:

“US Telecom seeks review of the Order on the grounds that it is arbitrary,capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act … violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and FCC regulations promulgated the reunder;conflicts with the notice-and-comment rule making requirements … and is otherwise contrary to law.

“USTelecom is filing this protective petition for review out of an abundance of caution.In particular, it files the petition in case the FCC s Order (or the Declaratory Ruling part  of that Order) is construed to be final on the date it was issued (as opposed to after Federal Register publication, which USTelecom believes is the better view), and the ten-day period in which a party must file a petition for review to avail itself of procedures established for selection of  a court in  the case of  multiple appeals – i.e. the lottery procedures under 28 U.S.C. 2112(a)-is  likewise construed to begin on that date.

“Accordingly, to the extent that this protective petition for review is timely filed, USTelecom respectfully requests that this Court hold unlawful,vacate, enjoin, and set aside the Order, and that it provide such additional relief as may be appropriate.”

The filing can be read at: http://www.scribd.com/doc/259715588/USTelecom-Net-Neutrality-Lawsuit