First Round of Lawsuits Filed in Network Neutrality Case. Now What?

[Commentary] The US Telecom Association (USTA), the trade association for incumbent telecoms like Verizon and AT&T, and a Texas Wireless Internet Service Provider called Alamo Broadband, filed separate appeals from the Federal Communications Commission’s Order reclassifying broadband as Title II and applying network neutrality rules. USTA filed in the DC Circuit, while Alamo filed in the 5th Circuit -- a court that is typically more hostile to the FCC.

Parties generally have 60 days from the date the agency action becomes “final” to file for judicial review. If parties file in different circuits, then whoever filed first wins. HOWEVER, to avoid confusion the statute says that any petitions filed within the first 10 days will be considered filed simultaneously. March 23 was 10 days after the Order was issued, so it was the magic day for folks to file if they want a chance at their choice of circuit. Interestingly, no one asked for a stay, and no one has asked the FCC for a stay. It’s not clear if this means anything, as parties may just be waiting see in which court this lands in before filing a stay request -- a move that saves them from a procedural headache.