Alamo, USTelecom Ask Court To Delay Dismissal Decision on Initial Filings
Alamo Broadband and USTelecom asked the U.S. Court of Appeals for the D.C. Circuit not to dismiss their initial challenges to the FCC net neutrality order. In a joint opposition to the agency's motion to dismiss their filings, Alamo and…
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USTelecom said the FCC had conceded they have since filed timely supplemental petitions for review of the order following its Federal Register publication. "The Court need not decide the motion to dismiss now and can -- and should -- refer the motion to the merits panel, which may address it if necessary to resolve this case," said the company and the association. "In any event, contrary to the FCC’s claims, neither its regulations nor this Court’s precedents clearly resolve the question of when a party may petition for review of a declaratory ruling that is included in an FCC document that also promulgates new regulations."