The Federal Communications Commission is asking a DC appeals court to throw out the Verizon and MetroPCS lawsuits against the agency's new Open Internet rules. Verizon filed the initial lawsuit papers on January 20, arguing that the FCC's move "goes well beyond any authority provided by Congress, and creates uncertainty for the communications industry, innovators, investors and consumers." Ditto, declared MetroPCS a few days later.
But the government isn't taking on Verizon's specific arguments. In fact, the Commission's response is about as technically procedural as it gets. The FCC says that both companies jumped the gun by suing the FCC before its December net neutrality Order was even published in the Federal Register. That's the action that makes any federal agency decision live and official.
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