D.C. Circuit Issues Net Neutrality Briefing Schedule, Sets Page Limits
The U.S. Court of Appeals for the D.C. Circuit set a net neutrality case briefing schedule that runs through Oct. 13. Opening briefs of telco/cable petitioners challenging the FCC order are due July 30, and supporting intervenors challenging the agency…
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order Aug. 6, said the court order from Judges David Tatel and Janice Rogers Brown. The responding brief of the FCC and Department of Justice is due Sept. 14, and the brief of their supporting intervenors defending the order Sept. 21; reply briefs of petitioners and their supporting intervenors are due Oct. 5; and final briefs are due Oct. 13. The court directed its clerk to schedule oral argument on the first appropriate date following the completion of briefing. NCTA outside counsel Miguel Estrada said June 3 that he thought briefing could be completed by fall so oral argument could be in December or January, paving the way for a ruling about three months later (see 1506030034). The briefing schedule tracks the briefing schedule that was jointly proposed by telco/cable petitioners after consulting with the FCC/DOJ and others. But the court shortened the number of words that the petitioners would be allowed collectively in their opening briefs to 33,000 (from 48,000), as it did the number of words that the FCC/DOJ would be allowed in its response brief. The court also urged parties to be careful about their use of acronyms. Petitioners challenging FCC broadband reclassification and other decisions as overly regulatory include: Alamo Broadband and Daniel Berninger, American Cable Association, AT&T, CenturyLink, CTIA, NCTA, USTelecom and the Wireless ISP Association. Petitioners challenging the FCC order as providing broadband providers too much "forbearance" relief include Full Service Network, True Connect Mobile, Sage Telecom and Telescape Communications. The litigation focuses on the merits of the legal challenges after the D.C. Circuit denied a telco/cable stay request (see 1506110048).