TechFreedom, Possibly Others to Petition DC Circuit to Revisit Net Neutrality Case
Tech Freedom plans to ask a court to reverse the FCC's net neutrality victory, the group's President Berin Szoka told us Wednesday. Szoka said he expects at least one other intervenor to join in filing a petition for reconsideration to…
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the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1063). Recon petitions are due Friday on a D.C. Circuit panel's 2-1 ruling that upheld the commission's 2015 order imposing net neutrality regulation and reclassifying broadband internet access as a telecom service under Title II of the Communications Act (see 1606140023). Szoka said he would be surprised if petitioners who originally challenged the FCC order didn't file separate petitions for reconsideration. Petitioner representatives didn't comment Wednesday. Supporters of the FCC order believe chances are slim the D.C. Circuit will rehear, much less overturn, the panel ruling (see 1606150038). Szoka acknowledged the prospects are low but said there are valid reasons to rehear and even rebrief the case, given arguments the panel went too far in giving deference to the agency's decision under the Chevron doctrine, which he said were strengthened by a subsequent Supreme Court ruling (Encino Motorcars, LLC v. Navarro et al., No. 15-415) (see 1606200054). And even if the D.C. Circuit denies rehearing, he said, expected appeals to the Supreme Court could be helped if petitioners can convince more D.C. Circuit judges to issue dissents. "We're more gung ho than anybody," he said.