Parties Propose Net Neutrality Argument Format; FCC General Counsel to Defend Order
Petitioners, the FCC and DOJ proposed a 150-minute format for Feb. 1 oral argument on challenges to the commission's net neutrality rollback order in the U.S. Court of Appeals for the D.C. Circuit in Mozilla v. FCC, No. 18-1051 (consolidated).…
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General Counsel Thomas Johnson is to argue for the commission. Responding to a court request to streamline the argument, the parties, backed by intervenors, jointly asked (in Pacer) Wednesday that each side be given 75 minutes, with challengers' time subdivided into four categories of issues, presented consecutively: (1) Communications Act Title I broadband reclassification, Section 706 and competition (25 minutes); (2) Administrative Procedure Act, Section 257, and mobile broadband (25 minutes); (3) FCC consideration of public safety and government services (10 minutes); and (4) Pre-emption of state law (15 minutes). Nongovernment petitioners and intervenors would argue the first two, represented by Pantelis Michalopoulos of Steptoe & Johnson, Kevin Russell of Goldstein & Russell and Stephanie Weiner of Harris Wiltshire; local and state government petitioners would argue the second two, represented by Danielle Goldstein of Santa Clara County, California, and Steven Wu of New York state. The FCC and ISP intervenors could address the issues in a different sequence, represented by Johnson (60 minutes) and Jonathan Nuechterlein of Sidley Austin (15 minutes). Petitioners can reserve rebuttal time. The judges hearing the case are Judith Rogers, Patricia Millett and Stephen Williams (see 1901020040).