VERIZON v. F.C.C.

Nos. 11-1355, 11-1356.

740 F.3d 623 (2014)

VERIZON, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Independent Telephone & Telecommunications Alliance, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2014.


Attorney(s) appearing for the Case

Helgi C. Walker argued the cause for appellant/petitioner Verizon. With her on the briefs were Eve Klindera Reed , William S. Consovoy , Brett A. Shumate , Walter E. Dellinger , Anton Metlitsky , Samir C. Jain , Carl W. Northrup , Michael Lazarus , Andrew Morentz , Michael E. Glover , William H. Johnson , Stephen B. Kinnaird , and Mark A. Stachiw.   John T. Scott III and Edward Shakin entered appearances.

Stephen B. Kinnaird , Carl W. Northrup , Michael Lazarus , Andrew Morentz , and Mark A. Stachiw were on the briefs for appellants/petitioners MetroPCS Communications, Inc., et al.

John P. Elwood , Sam Kazman , Randolph May , and Ilya Shapiro were on the brief for amici curiae The Competitive Enterprise Institute, et al. in support of appellant/petitioner.

Russell P. Hanser , Bryan N. Tramont , and Quentin Riegel were on the brief for amicus curiae National Association of Manufacturers in support of appellant/petitioner.

Kenneth T. Cuccinelli, II , Attorney General, Office of the Attorney General for the Commonwealth of Virginia, E. Duncan Getchell, Jr. , Solicitor General, and Wesley G. Russell, Jr. , Deputy Attorney General, were on the brief for amici curiae The Commonwealth of Virginia, et al. in support of appellant/petitioner.

Sean A. Lev , General Counsel, Federal Communications Commission, argued the cause for appellee/respondent. With him on the briefs were Catherine G. O'Sullivan and Nickolai G. Levin , Attorneys, U.S. Department of Justice, Peter Karanjia , Deputy General Counsel, Federal Communications Commission, Jacob M. Lewis , Associate General Counsel, and Joel Marcus and Matthew J. Dunne , Counsel. Robert J. Wiggers , Attorney, U.S. Department of Justice, R. Craig Lawrence , Assistant U.S. Attorney, and Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, entered appearances.

Pantelis Michalopoulos argued the cause for intervenors. With him on the brief were Stephanie A. Roy , Andrew W. Guhr , Henry Goldberg , David C. Bergmann , Kurt Matthew Rogers , and Brendan Daniel Kasper.   Markham C. Erickson , Jeffrey J. Binder , Harold J. Feld and James B. Ramsay entered appearances.

Sean H. Donahue and David T. Goldberg were on the brief for amici curiae Reed Hundt, et al. in support of appellee/respondent.

E. Joshua Rosenkranz , Gabriel M. Ramsey , Thomas J. Gray , and Christina Von der Ahe were on the brief for amici curiae Venture Capital Investors in support of appellee/respondent.

Andrew Jay Schwartzman was on the brief for amicus curiae Tim Wu in support of appellee/respondent.

John Blevins was on the brief for amici curiae Internet Engineers and Technologists in support of appellee/respondent.

Kevin S. Bankston and Emma J. Llansó were on the brief for amici curiae The Center for Democracy and Technology, et al. in support of appellee/respondent.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge SILBERMAN.


TATEL, Circuit Judge.

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source — or to require, as it is popularly known, "net neutrality." In Comcast Corp. v. FCC, 600 F.3d 642 (D.C.Cir.2010), we held that the Commission had failed to cite any statutory authority that would justify its...

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