(March 14, 2018, 12:31 PM EDT) -- SAN FRANCISCO — Reversing a 2016 panel ruling, the Ninth Circuit U.S. Court of Appeals, in a Feb. 26 en banc opinion, found that the Federal Trade Communication Act’s common carrier exemption is activity-based rather than status-based and, thus, AT&T Mobility LLC was not exempt from the Federal Trade Communication’s complaint over its data-throttling practice because it was not a common carrier activity (Federal Trade Commission v. AT&T Mobility LLC, No. 15-16585, 9th Cir., 2018 U.S. App. LEXIS 4624)....