Court Throws Out Verizon's Claim that FCC Can't Require Data Roaming Deals

dgstorm

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In case you might have missed it, not too long ago, Verizon actually sued the FCC. The FCC basically required Verizon to offer data roaming deals to other carriers. Verizon was not happy about this, so they decided to take the FCC to court, claiming that the governmental organization overstepped it's authority. The DC Circuit Court of Appeals disagreed and tossed out Verizon's case. The three judges of the court unanimously ruled that the FCC was within the authority of the Communication Act to make data roaming deals mandatory. Here's a quote with a bit more info,

In a unanimous decision, a three-judge panel of the Court of Appeals for the District of Columbia Circuit said that the data roaming requirements fall under the FCC's "broad authority" to manage the airwaves.

The same court is currently reviewing Verizon's separate challenge to the FCC's controversial net-neutrality rules, which bar Internet service providers from slowing down or blocking websites. Supporters of the net-neutrality rules say they are critical for ensuring an open and vibrant Internet, but critics consider them an illegal power grab.


The D.C. Circuit has already ruled against a previous attempt by the FCC to enforce the principle of net neutrality, and many legal analysts consider the court hostile to expansive views of the FCC's authority over the Internet. But Tuesday's ruling could make the commission more optimistic that its net-neutrality rules, a signature achievement of Chairman Julius Genachowski's tenure, will survive.
The commission has long required that cellphone service providers offer reasonable voice roaming terms to their competitors. Roaming occurs when subscribers travel beyond their own carrier's network and use another company's cell towers to complete a call.

The commission adopted an order last year that expanded those roaming rules to cover wireless Internet service.

Verizon sued, claiming that the FCC overstepped its authority under the Communications Act. Verizon said the rules represented an "unprecedented and unbounded theory of regulatory power over wireless Internet service."

But the court ruled that Title III of the Communications Act "plainly empowers" the FCC to expand its roaming rules to cover data. The court also rejected Verizon's claim that the rules treat cellphone carriers as "common carriers," which is prohibited under the Communications Act.

Share your perspective on this outcome.

Source: TheHill
 

GuiltyBreak

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Guess Verizon doesn't Rule the Air..So does this mean if you are roaming you can still get Data Access?
 

liftedplane

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I love it... I really hope more stuff like this starts happening to vzw... they really really need to be taken down a peg... or twenty
 

cobravnm13

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I love it... I really hope more stuff like this starts happening to vzw... they really really need to be taken down a peg... or twenty

I'll go with 100. Or whatever their bank account currently holds.
 

Caesars

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In my eyes each side has a valid point, however..... If these companies that Verizon has to rent to are undercutting Verizon, well that's just horse ****.

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geoff5093

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I'm sure this isn't just Verizon, but all carriers are required to offer data roaming. I'm all for this.
 

swc2001

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I am afraid I have to agree with Caesars because as much as I hate Verizon and do think they need to be knocked down MANY pegs as was earlier discussed, It needs to be done with Capitalism. This does not need Governmental control. You see the way the Government is doing Verizon is the same way the Government is doing us. Turning us slowly into a Socialistic society. Lets put this into the Halloween argument. Lets say Candy is equal to Towers and bandwidth and such..... One kid gets a ton of candy another gets very little, one more gets a medium amount of candy.... Now when they get home.... Mom says well thats not exactly fair.... Put all of your candy into a pile and I will distribute your candy back to you evenly.

Well now how is that fair to the kid who beat the pavement for 3 extra streets to get that extra candy? Next year he wont work so hard because it does him no good. Why should he care. There becomes NO incentive to work hard anymore. Eventually this cycle will continue until we the consumer get less and less and have to pay more and more.... Where as if you let true capitalism rule everyone has a reason to compete because the better you are the more business you get. The more competitive you are the better for your customers, and the more open and free society becomes.
Also if Verizon starts censoring the Internet.... Well people will drop them like a hot rock and go elsewhere. I am not worried about that. Again Capitalism!! It Just Works!!!!
 

HNettles

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Capitalism uncontrolled led directly into the “robber baron” era of American history. Are you sure you want to go back to that?

To continue your analogy, how about if the kid with the extra candy were PAID (cash money) to share his extra candy? Verizon is not being told to give away the access, they are being required to sell it, at a fair price.
 

zomnomnombie

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swc2001 said:
I am afraid I have to agree with Caesars because as much as I hate Verizon and do think they need to be knocked down MANY pegs as was earlier discussed, It needs to be done with Capitalism. This does not need Governmental control. You see the way the Government is doing Verizon is the same way the Government is doing us. Turning us slowly into a Socialistic society. Lets put this into the Halloween argument. Lets say Candy is equal to Towers and bandwidth and such..... One kid gets a ton of candy another gets very little, one more gets a medium amount of candy.... Now when they get home.... Mom says well thats not exactly fair.... Put all of your candy into a pile and I will distribute your candy back to you evenly.

Well now how is that fair to the kid who beat the pavement for 3 extra streets to get that extra candy? Next year he wont work so hard because it does him no good. Why should he care. There becomes NO incentive to work hard anymore. Eventually this cycle will continue until we the consumer get less and less and have to pay more and more.... Where as if you let true capitalism rule everyone has a reason to compete because the better you are the more business you get. The more competitive you are the better for your customers, and the more open and free society becomes.
Also if Verizon starts censoring the Internet.... Well people will drop them like a hot rock and go elsewhere. I am not worried about that. Again Capitalism!! It Just Works!!!!

Avoiding a political discussion. The problem with your analogy is that resources are finite particularly when it comes to radio bands.

In your ideal world, it seems, the government would not involve itself in economic matters. Let the marketplace decide. Well what if the FCC didn't regulate radiobands? You would have interference from FM, AM, HF, UHF, VHF, etc on every single wavelength that exists. Your cell would still work but it's quality would be severely diminished.

Yeah free markets are great but there is plenty of room for abuse on the wavelength front.
 
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