Verizon's lawyer, Wiley Rein partner Helgi Walker, told a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit that the Federal Communications Commission overstepped its authority in adopting so-called "net neutrality" rules in December 2010 to try to prohibit barriers to infrastructure development.

Decisions about whether and how to regulate broadband service providers, Walker argued in court, are for Congress to make. Walker, co-chairman of Wiley's appellate practice, said it was "highly unlikely" that Congress would have delegated authority to the FCC to set broadband rules in an "opaque" and "convoluted" manner.