Verizon suffered a devastating setback in its attempts to stack the odds against the Federal Communications Commission in its battle to overturn net neutrality regulations on Wednesday.
The United States Court of Appeals for the D.C. Circuit denied Verizon's request to have the same three judge panel that decided Comcast Corp. v. FCC hear its case.
In that case, the court ruled that the FCC — which can oversee broadcast TV and telephone landlines — has never been given authority to regulate the internet.
Given that earlier ruling, the FCC fully anticipated a challenge to its plans to ensure that internet providers didn't charge higher rates for premium service.
Verizon and MetroPCS have not disappointed, with both companies citing the Comcast decision in their legal filings.
Both companies arge that the FCC lacks the legal mandate to oversee internet access.
The FCC has countered that Verizon and MetroPCS filed their claims prematurely, and the companies needed to wait until the new regulations were published in the Federal Register.
Even though a different panel would hear its arguments, it is still possible that Verizon's appeal will be heard in the D.C. court.