Court to Decide Whether Title II Broadband Regulation Is Delayed


After the FCC denied various petitions for stay (or delay) of the Open Internet (or net neutrality) Order and particularly its Title II broadband regulations provisions, a group of cable and wireless companies and interests have turned to the Court of Appeals for the DC Circuit for a stay.  In their Motion for Stay or Expedition, the petitioners—United States Telecom Association, National Cable & Telecommunications Association, CTIA– The Wireless Association®, AT&T Inc., American Cable Association, Centurylink, and Wireless Internet Service Providers Association—argue that a stay of Title II reclassification and the Order’s Internet conduct standard is warranted because, among other things, the Open Internet Order is unlawful due to substantive and procedural defects and would cause irreparable harm to the petitioners and consumers.  The petitioners alternatively ask the court to expedite the case to “minimize harm.” The DC Circuit has set a deadline of May 22, 2015 for responses to the motion and a reply deadline of May 28, 2015. Without a stay, the Open Internet Order will take effect on June 12, 2015.

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