Daniel Berninger has decided to go it alone in his request for a court stay of the Federal Communications Commission's reclassification of Internet access as a Title II service subject to common-carrier regulation.

Other court challenges have already been filed as a consolidated request among more than a half-dozen parties, including the National Cable & Telecommunications Association and the American Cable Association. But Berninger, who has been leading a group of self-described "tech elders" who are opposed to Title II, including broadband video pioneer Mark Cuban, has decided to go it alone in his filing, as he did in asking the FCC to stay its rules -- it didn't -- scheduled to go into effect June 12 absent a court stay.

Berninger said Title II regulations would prevent him from offering HD voice because "latency, jitter, and packet loss in the transmission of a communication will threaten voice quality and destroy the value proposition of an HD service."

That distinguishes Berninger's stay from the others, which are not challenging the underlying bright line rules, including those against paid prioritization, but are instead focused on staying Title II reclassification, including interconnection under that regime, and the FCC's broad Internet conduct standard.

Berninger made a point of drawing his own bright line between his challenge and those of the consolidated petitioners that include the nation's largest telephone and cable operators.

"Despite well-funded efforts to make this fight big ISPs versus content companies, the FCC's Open Internet Order threatens the entire Internet value chain, including entrepreneurs and small businesses like mine that cannot clearly operate with the uncertainty or deal with the regulatory burdens associated with these incredibly outdated and ill-fitting rules," he said in filing the stay request.

The Federal Communications Commission and its supporters will have until noon on May 22 to tell the court why it should not grant cable and telco petitions to stay the FCC's Title II reclassification order while the court hears the underlying case.

Those petitioners will then have until 4 p.m. on May 28 to respond to those responses.

That that is according to the U.S. Court of Appeals for the D.C. Circuit, which said it had considered the motions to stay and or expedite and had concluded that should be the time frame.

May 28 would give the court two weeks to rule before the new Open Internet rules are scheduled go into effect June 12.

If the court has not ruled by then, cable and telco petitioners have asked it to stay the rules (an administrative stay) while it decided whether to stay the rules.

Add New America's Open Technology Institute (OTI) to the list of parties intervening in support of the Federal Communications Commission's Title II order and opposing stay requests by cable and telco ISPs.

The OTI, an Internet policy advocacy group, has petitioned the U.S. Court of Appeals for the D.C. Circuit to intervene on behalf of the FCC in the legal challenge, which would make it a party to the case.

“The FCC’s network-neutrality rules are strong, clear and necessary to preserve the Internet’s role as a level playing field for innovation and an open portal for communication, commerce, education and civic engagement," OTI senior policy counsel Sara Morris said. "OTI was deeply engaged in the FCC’s proceeding to enact those rules, detailing the significant consumer harms that result from interconnection disputes as well as the need for a common regulatory regime that applies to both wired and wireless networks. We are pleased to join the growing group of public interest and industry groups who have moved to protect the FCC’s rules from a recent wave of legal challenges."

Free Press and Comptel this week made similar requests to the court.

The FCC's reclassification of Internet access as a Title II common-carrier service and new rules under that regime are scheduled to take effect June 12, unless the court grants a stay.