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Petitions for Review Initially Consolidated in the Ninth Circuit and Then Transferred to the DC Circuit – Initial Submissions and Motions Due April and May; Briefing Schedule Set Through November

A lottery conducted by the MDL Panel resulted in the selection of the Ninth Circuit to hear all the Petitions for Review of the Internet Freedom Order. The Ninth Circuit’s current schedule shows May 29 as the due date Petitioners’ and supporting intervenors’ opening briefs, with June 28 as the due date for the FCC’s […]

FCC Publishes Internet Freedom Order – Clock Starts for Petitions and CRA

The FCC sent the Internet Freedom Order to the Federal Register for publication today which will start the clock running for seeking judicial review. Petitions filed in the 10-day window starting today will be eligible for the lottery designating one of the courts where these early petitions are filed to have all petitions (wherever filed) […]

FCC Votes to Adopt Internet Freedom Order

On December 14, 2017, the Commission voted 3-2 as expected along party lines to adopt the Internet Freedom Order that had been circulated as a draft on November 22, 2017. When effective, the new order will reverse the Commission’s 2015 Open Internet Order. Based on the Commissioners’ comments at the open meeting the new order should […]

FCC Releases Draft Internet Freedom Order

The wheel that is U.S. policy on “net neutrality” has taken another turn. On November 22, 2017, the FCC released a draft of the Internet Freedom Order, which, when effective, will reverse the Commission’s 2015 Open Internet Order (now referred to as the “Title II Order”). As recounted in previous DWT Alerts, the Title II Order’s finding that broadband Internet access […]

Legal Challenges In Reclassifying Wireless Broadband

Is Wireless Broadband a “Telecommunications Service?” According to the FCC, it is now. Although the FCC historically classified mobile broadband Internet access service (BIAS) an information service, the Commission made an about-face in the Open Internet Order.  To get there, the Commission had to take two steps. The Commission reviewed the technical and market characteristics […]
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