Verizon promises not to sue over net neutrality -- if FCC avoids utility rules

Verizon is trying to convince the Federal Communications Commission that it won't sue to block network neutrality rules as long as they're issued without reclassifying broadband providers as utilities. Yet, Verizon did sue the FCC the last time it crafted net neutrality rules without relying on its utility regulation powers.

Verizon Executive VP Randal Milch e-mailed FCC Chairman Wheeler to say Verizon won't sue if the FCC uses Section 706, even though that's exactly what Verizon did last time. Section 706 requires the FCC to encourage the deployment of advanced telecommunications capability to all Americans, and it can be used to govern broadband providers' treatment of Internet traffic. Milch's e-mail was made public in an ex parte letter filed with the FCC. Milch wrote that rules based on Section 706 "will not be the object of a successful court challenge -- by Verizon or anyone else."