FTC, AT&T Square Off in 9th Circuit Oral Argument Tuesday Over Data-Throttling Case
Attorneys for the FTC will square off with their AT&T Mobility counterparts during an oral argument Tuesday before the full 9th U.S. Circuit Court of Appeals that could decide whether the commission has oversight over some activities of ISPs. The…
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hearing will begin at 1 p.m. PDT in San Francisco. A three-judge 9th Circuit panel last year decided the FTC didn't have jurisdiction, in tossing out the government's data-throttling case against the carrier. The company successfully argued that its status as a common carrier exempted it from liability under Section 5 of the FTC Act, while the commission said the telco's mobile data service was a non-common carrier activity and therefore subject to government oversight (see 1608290032). The trade agency appealed the decision, saying other companies that offer broadband services could claim common-carrier exemption leaving an enforcement gap. It was granted the en banc rehearing in May (see 1705090068 and 1709140058).