US Appeals Court for DC Circuit Issues Mandate in Mozilla v. FCC Net Neutrality Case
The U.S. Court of Appeals for the D.C. Circuit issued Tuesday the formal mandate on its Oct. 1 judgment in Mozilla v. FCC, case 18-1051 (in Pacer), that upheld most of the FCC's net neutrality order (see 1910010018). Earlier this…
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month the court denied a petition for rehearing (see 2002070002). Andrew Schwartzman, counsel for petitioner Benton Institute for Broadband & Society, said since the case is fully closed the FCC can address the three issues the court remanded to it, on pole attachments, public safety and Lifeline, but there's no deadline for the FCC to fix them. "What is more immediately affected is the litigation challenging the California and Vermont net neutrality statutes," he emailed. "Those cases were held in abeyance pending the outcome of the Mozilla case. They will now come back into life. Notably, the DC Circuit decision puts the states in a much stronger position, since it will be much harder for the carriers to argue that the statutes are preempted by the FCC's decision."