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FCC Notifies Judicial MDL Panel of 10 Petitions Challenging Digital Divide Order

The FCC filed notice with the U.S. Judicial Panel on Multidistrict Litigation Wednesday of 10 multicircuit petitions for review challenging the commission’s Nov. 20 digital divide order and the “digital discrimination of access” definition contained in that order (see 2401310003).…

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The petitions were filed in the U.S. Courts of Appeals for the 5th, 6th, 8th, 9th, 11th and the D.C. Circuits and were received by the FCC from the petitioners within 10 days after the order’s Jan. 22 publication in the Federal Register, said the notice. All were filed between Jan. 30 and Feb. 1, said the notice. Under Panel Rule 25.3, the FCC is serving the notice on the clerks of all the circuit courts where petitions for review have been filed, plus on counsel for all parties, it said. Virtually all the petitioners are challenging the order on grounds that it gives the commission unprecedented authority to regulate the broadband internet economy.