As legal challenges loom for new net neutrality regulations, GOP members of the Federal Communications Commission are offering some of the first lines of attack.
The dissenting opinions of the two Republicans ran 80 pages, and they telegraph some of the arguments on which critics could rely as they prepare legal filings to scrap the new rules.
FCC Chairman Tom Wheeler has repeatedly said the commission wrote the rules to withstand challenges from the “big dogs.” And while it is still unclear which organization or company will lead the charge, there is little doubt that a legal battle is brewing.
On Thursday, the public got its first look at the actual text of the net neutrality order, two weeks after it was approved. The rules would reclassify broadband Internet access as a telecommunications service under Title II of the Communication Act. The new designation will give the commission increased authority to enforce rules barring Internet service providers like Verizon or Comcast from prioritizing any piece of Internet traffic above another.
Here are four legal arguments already being lobbed against the new rules.