Public Knowledge Challenging Verizon Case Against Net Neutrality Rules
Public Knowledge filed a motion with the U.S. Court of Appeals for the D.C. Circuit Wednesday for permission to intervene in Verizon’s challenge there of the FCC’s net neutrality rules. Meanwhile, officials said the Judicial Conference of the United States is expected to hold a lottery in the next few days to decide which judicial circuit will handle various petitions for review of the December 2010 order.
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"PK actively participated in the Preserving the Open Internet; Broadband Industry Practices proceedings … and represents members who would be adversely affected by a reversal of the Order because their activities or businesses depend upon access to an open Internet,” PK said in its motion. “Therefore, PK’s interests will be substantially affected by this Court’s review of the Commission’s Order."
"The rules are worth defending, and the FCC’s authority to make rules is worth defending,” said Public Knowledge Legal Director Harold Feld. “We believe the public will be better served by having rules in place and by having a Commission complaint process in place."
At least six challenges were filed within 10 days of the publication of the order in the Federal Register, in six separate circuits, all of which will be given an equal chance of hearing the case. Verizon filed in the D.C. Circuit. Free Press sought judicial review in the 1st U.S. Court of Appeals in Boston. Media Access Project is representing four clients in four circuits -- Mountain Area Information Network, which filed in the 4th Circuit in Richmond, Va., the Media Mobilizing Project, in the 3rd Circuit in Philadelphia, Access Humboldt, in the 9th Circuit in San Francisco and Peoples Production House in the 2nd Circuit in New York. All but the Verizon petition seek to strengthen rather than overturn the order.
All appellants that wanted to qualify for the lottery had until Monday to deliver s copy of their proof of filing to the FCC. The commission then bundles the petitions and delivers them to a multi-district panel of the Judicial Conference of the United States, which holds a lottery. The panel then issues an order consolidating all the cases and transferring them to the selected circuit.
"It moves pretty fast,” said MAP Senior Vice President Andrew Schwartzman. “That could happen as early as tomorrow, possibly Friday, Monday at the very latest.” Verizon’s appeal in the D.C. Circuit, which claims that court should have sole jurisdiction, is a complicating factor, Schwartzman said. “Presumably, Verizon will move to transfer the cases back to D.C.,” he said. “Presumably, the commission, and other interveners, perhaps including us, will move to dismiss as they did the last time Verizon filed in the D.C. Circuit.” Verizon filed an appeal and a protective petition for review, so Verizon stands to have its case be part of the lottery but also press forward on its claim that the case should be heard in D.C., he said.