The Federal Communications Commission on Friday moved to dismiss the net neutraliy challenges filed by MetroPCS and Verizon, claiming they were "filed prematurely."
The appeals were filed before the net neutrality rules were published in the Federal Register, and are therefore invalid, the FCC said in a filing with the U.S. Court of Appeals for the District of Columbia.
"An appeal filed prior to Federal Register publication of the challenged order is 'incurably premature,'" the FCC said. "That settled principle requires dismissal of MetroPCS's notice of appeal at this time because it was filed too early, although MetroPcs may pursue a timely challenge to the Open Internet Order after its publication."
Verizon and MetroPCS have both sued the FCC, arguing that the commission did not have the authority to hand down its December net neutrality rules. The FCC maintains that it does indeed have the right to regulate broadband, thanks to provisions in the Communications Act.
Earlier this week, Sen. Maria Cantwell, a Washington Democrat, introduced a bill that would strengthen the FCC's net neutrality rules. It would create a new section in Title II of the Communications Act for the FCC's net neutrality principle, ban paid prioritization, require broadband providers to work with local and middle-mile partners on reasonable network management terms, and apply the rules equally to wireline and wireless providers.
