Benton Supports FCC Arguments on Transferring Net Neutrality Appeal
The Benton Institute for Broadband & Society supported the FCC’s request that the 6th U.S. Circuit Appeals Court move a challenge to the FCC’s net neutrality order to the D.C. Circuit (see 2406100044). A lottery chose the 6th Circuit to…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
hear the case. Yet Benton said the law governing random selection by the Joint Panel on Multidistrict Litigation “merely provides a means for determining which court will initially administer the proceeding, including determining the appropriate venue for its ultimate disposition.” Benton argued that “few cases are as deeply tied” to a particular circuit as net neutrality is to the D.C. Circuit: “Since 2008, the core legal issues presented here have been presented to the D.C. Circuit in five successive cases.” Benton noted that a 2020 FCC order responding to a remand of the 2018 net neutrality order remains before the D.C. Circuit. Groups that brought the challenge say it should remain before the 6th Circuit (see 2406110073).