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AT&T will appeal to the Supreme Court in an attempt to avoid a government lawsuit over its throttling of unlimited data plans.

The Federal Trade Commission sued AT&T in October 2014 in US District Court in Northern California, alleging that AT&T promised unlimited data to wireless customers and then throttled their speeds by as much as 90 percent. In response, AT&T argues that the FTC has no jurisdiction over any aspect of AT&T’s business because the FTC lacks authority to regulate common carriers.

AT&T won a key ruling in the case in August 2016, but the most recent federal appeals court decision went in favor of the FTC. That’s why AT&T is headed to the nation’s top court.