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Sallet Will Go to Bat for FCC in Net Neutrality Case

FCC General Counsel Jonathan Sallet will take the lead on behalf of the agency defending a key part of its net neutrality order in the Dec. 4 oral argument, most of the parties to the case told the U.S. Court…

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of Appeals for the D.C. Circuit in a filing Friday. The FCC issued the 3-2 February net neutrality order that has since faced several industry challenges as part of USTelecom v. FCC, No. 15-1063. At stake in the order is the FCC’s reclassification of broadband as a Communications Act Title II service, which attracted significant opposition from industry and Capitol Hill Republicans. Peter Keisler, an attorney with Sidley Austin, will present the argument on behalf of USTelecom, the filing said. Sallet and Keisler will address the arguments in the Title II portion of the case. Other FCC and industry attorneys will address other arguments raised in the case. Filings from litigants were due at the end of last week (see 1509080059). Sallet’s legal history includes partnerships at three law firms -- O’Melveny & Myers, Jenner & Block and Miller Cassidy -- in addition to a policy position at MCI and a Supreme Court clerkship for Justice Lewis Powell. “They’ve picked the best lawyer in the government uniform to argue the most important case in the history of the FCC,” former FCC Chairman Reed Hundt told us.