Court Issues Speedy Briefing Schedule in Net Neutrality Case
The Clerk said responses to the FCC’s motion to move the case 'shall be filed on or before Monday, June 17, 2024.'
WASHINGTON, June 13, 2024 – A federal court Thursday released a schedule with tight filing deadlines in the case challenging new Federal Communications Commission rules designed to maintain close supervision of Internet Service Providers.
Trade associations for major ISPs like Comcast and T-Mobile want the U.S. Court of Appeals for the Sixth Circuit in Cincinnati to block the rules from taking effect next month while the case is under judicial review.
Meanwhile, the FCC wants the case moved to the U.S. Court of Appeals for the D.C. Circuit.
Yesterday, the Clerk for the Sixth Circuit released a speedy briefing schedule, suggesting the court is interested in issuing decisions soon.
The Clerk said responses to the FCC’s motion to move the case “shall be filed on or before Monday, June 17, 2024.”
Responses to the ISPs stay motion “shall be filed on or before Tuesday, June 18, 2024,” the Clerk said.
Lastly, the Clerk said that “replies to responses to either of these motions shall be filed on or before Friday, June 21, 2024.”
The FCC’s rules take effect on July 22. The ISPs have asked the court to rule on the stay motion by July 15, leaving time to appeal to the Supreme Court if the stay is denied.
The FCC is expected to oppose the ISPs' stay because it refused to grant an administrative stay on June 7.
In a June 10 filing, the FCC asked the court to transfer the case without acting on the stay.
The ISPs have claimed that the FCC’s rules were unlawful because Congress never authorized the agency to classify ISPs as common carriers. FCC Chairwoman Jessica Rosenworcel has said the rules have been passed before and upheld by the D.C. Circuit.
