The FCC's decision to reclassify broadband Internet access service as a telecommunications service undercuts one of the arguments raised by parties challenging the decision by the U.S. Court of Appeals for the 10th Circuit (Denver) to uphold the FCC's 2011 order overhauling its universal service and intercarrier compensation regimes, the Department of Justice has told the Supreme Court on behalf of the Commission. "Petitioners assert various challenges to the universal-service and intercarrier-compensation rules. The court of appeals correctly rejected those challenges, and its decision does not conflict with any decision of this Court or another court of appeals. In addition, several of petitioners' claims fail for threshold reasons or have been overtaken by legal developments since the filing of the petitions. Further review is not warranted," the Justice Department's Office of Solicitor General said in a brief for respondents in consolidated cases beginning with U.S. Cellular Corp. v. FCC et al. (case 14-610).
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