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Groups Sought Longer Delay

Extra Time Given for Net Neutrality Comments Refresh; Some Seek More

Backers of extra filing time to comment on public safety aspects of the U.S. Court of Appeals for the District of Columbia Circuit’s Mozilla v. FCC net neutrality decision applauded the agency's 21-day extension announcement Wednesday (see 2003250031). Some left the door open to seeking more time. About a dozen groups had sought a month longer, citing COVID-19.

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"We know how hard the FCC staff is working right now [but] it is frustrating it took two weeks to get this response" to the March 11 request (see 2003120070), emailed Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman. Getting less than the requested month was "disappointing," he said. "The situation has only worsened" since the motion for extra time, because state shelter-in-place orders make it particularly difficult for public safety interests in California to file comments.

Commissioner Jessica Rosenworcel said "an even longer extension would have been appropriate. The American public cares about net neutrality and should have every opportunity to let Washington know how important it is for every part of our civic and commercial lives." She said the agency "should extend all of its deadlines, to the extent it can, in light of the coronavirus pandemic. Everyone should be focused on what matters the most right now -- that is responding to this crisis.”

Although the Center for Democracy and Technology "didn't get as much extra time as requested, the extension will help us and those currently dealing with more pressing public safety issues be able to respond" to the February PN seeking comment, wrote CDT Open Internet Counsel Stan Adams. "We understand that the FCC must balance competing interests, and while we would have preferred to have a longer extension, we appreciate the Commission's consideration of the current constraints on emergency response teams' ability" to respond, he added. Common Cause said because of evolving pandemic issues, the FCC "should closely monitor the situation and further extend the comment deadlines as appropriate."

National Hispanic Media Coalition CEO Brenda Castillo is monitoring the virus as well and will assess later if additional time is needed. Getting feedback from local governments on how the net neutrality order could affect Lifeline is important, and more time will let them weigh in, emailed Next Century Cities Executive Director Francella Ochillo. Incompas said it's "grateful for the additional time."

Under the Wireline Bureau order, comments are due April 20, replies May 20. The bureau agreed with requesters that more time is needed since so many people with relevant knowledge to the public safety questions raised are busy with responses to COVID-19. However, it said the remand has to be handled expeditiously "and ... this consideration counsels for a shorter extension" than the 30 days that had been sought.

Others seeking the delay were the California Public Utilities Commission, that state's Santa Clara County, Los Angeles, Access Now, the Electronic Frontier Foundation, the Open Technology Institute and Public Knowledge. PK "won’t have any trouble meeting the deadline," said Legal Director John Bergmayer. He called "any additional time ... welcome to ensure broad participation." The other delay seekers didn't respond to our queries.