WASHINGTON, D.C. (CN) – The D.C. Circuit granted the Federal Communications Commission’s motion to dismiss lawsuits filed by Verizon and MetroPCS over net neutrality.
In January, the FCC attacked the lawsuits as premature because the telecoms filing them before the commission had even published Open Internet order in the Federal Register.
The FCC says challenges to orders that modify an entire class of existing licenses, such as the one at hand, require notice in the Federal Register. Orders that modify individual licenses, on the other hand, do not require notice in the Federal Register and are handled through the agency’s adjudication process.
Verizon is not down for the count yet, however, because it plans to file a second appeal after publication in the Federal Register. It said in January that “the commission historically has aggressively – and successfully – moved to dismiss appeals that were not filed within 30 days of the relevant order’s release date.
The unsigned, two-page order from the D.C. Circuit simply states that the current “prematurity is incurable.”
“The order will therefore be subject to judicial review upon publication in the Federal Register,” the April 4 decision states.