FCC Files Motion to Move Net Neutrality Appeal to DC Circuit

In a series of orders beginning in 2005, the Federal Communications Commission has acted to promote the widespread deployment of broadband networks that are open, affordable, and accessible to all. Four of these previous orders have been reviewed by the D.C. Circuit; the challenge to a fifth order is currently pending (but in abeyance) there as well.  The D.C. Circuit has approved aspects of the FCC’s orders but disagreed with others—on several occasions remanding to the FCC for further action or additional deliberation. Thus, for more than a decade, the D.C. Circuit has repeatedly engaged with the FCC concerning the lawful contours of the agency’s Open Internet rules.  Respondents submit that it would be most efficient, and in the interest of justice, to transfer this latest round of follow-on litigation to the D.C. Circuit.