Twenty-three state attorneys general, led by New York’s Eric Schneiderman
[official profile], filed
[text, PDF] a petition for review in the US Court of Appeals for the District of Columbia Circuit on Thursday challenging the Federal Communications Commission’s (FCC) reversal of Obama administration net neutrality regulations.
Net neutrality attempts to ensure that Internet service providers enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites.
The petition alleges that the FCC’s publishing of its final notice [text, PDF] in the Federal Register reversing the Obama administration’s classification of consumer broadband services under Title II back to Title I of the Telecommunications Act is “arbitrary, capricious, and an abuse of discretion within the Administrative Procedure Act.” [statutes, PDF]
The FCC’s order asserts that the regulatory uncertainty created by utility-style Title II regulation has reduced Internet service provider (ISP) investment in networks, as well as hampered innovation, particularly among small ISPs serving rural consumers.