Cellco P’ship v. FCC
By Kathleen McGuinness – Edited by Charlie Stiernberg
Cellco P’ship v. FCC, No. 11-1135, 2012 WL 6013416 (D.C. Cir. Dec. 4, 2012)
Slip Opinion (hosted by Public Knowledge)
The Court of Appeals for the District of Columbia Circuit rejected a facial challenge to the Federal Communications Commission’s (“FCC”) new rule requiring “providers of commercial mobile-data services to offer data roaming agreements to other such providers on commercially reasonable terms.” Cellco P’ship v. FCC, No. 11-1135, slip op. at 8.Noting the differences between the existing voice roaming requirement and the new data rule, the court held that the FCC had statutory authority to regulate data roaming, and that the flexibility of the new requirement does not amount to the imposition of common carrier requirements. However, the court left open the possibility for future as-applied challenges if the policy becomes a de facto common carrier rule.
Ars Technica provides a brief discussion of the case. Public Knowledge discusses the court’s reasoning and the implications for future litigation over the FCC’s Open Internet rules. Bloomberg lists many of the affected carriers.