VCEC's Berninger Seeks Stay of FCC Net Neutrality, Title II Order
Voice Communication Exchange Committee founder Daniel Berninger asked the U.S. Court of Appeals for the D.C. Circuit Tuesday to stay the FCC net neutrality order that reclassified broadband Internet access as a Title II telecom service. Berninger said the entire…
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order should be stayed because it "threatens his livelihood," which is "predicated on the ability to design, develop, and deploy services that are not subject to regulation by the FCC under Title II -- an ability that will be forever lost if the order takes effect." Berninger asked the court to act before June 12, the order's effective date, or as soon thereafter as practical. Major telco and cable groups asked the D.C. Circuit last week to stay the order's broadband reclassification and its Internet conduct standard but not its net neutrality rules barring Internet blocking, throttling and paid prioritization (see 1505130049). A D.C. Circuit panel asked the FCC to respond to that petition by noon Friday and for the telco/cable petitioners to reply by May 28. Those petitioners Tuesday opposed a motion by intervenors, including the National Association of State Utility Consumer Advocates and Public Knowledge, to supplement the FCC response to the stay with their own opposition as "unfair to petitioners" due to page limits.