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Court gives ISPs, FCC Two Hours to Make Net Neutrality Case

A federal court has set oral argument for ISP's and others' challenge of the FCC's Open Internet order, giving them and the FCC the total two hours of argument time they had asked for.

The U.S. Court of Appeals for the District of Columbia has also set the three-judge panel, which will be Judges David Tatel (he was on the panel that rejected the previous net neutrality rules), Sri Srinivasan, and Senior Judge Stephen Williams, Senior Circuit Judge

ISPs will get 30 minutes to make their argument against Title II reclassification of Internet access, while the FCC will get 25 minutes (It is ceding five minutes of its time to intervenors supporting the FCC).

ISPs will get 20 minutes to argue against applying the new rules to mobile broadband and various other arguments including whether the Internet conduct standard is unlawfully vague and whether the FCC provided sufficient notice of those portions of the order, while the FCC will get 15 minutes and 5 minutes (for intervenors).

In a third session, 10 minutes would go to challenges from Alamo Broadband and voIP pioneer Daniel Berninger that the rules violate the First Amendment, and could include addressing their challenge to reliance on Sec. 706 authority. The FCC will get 10 minutes and will not cede any time to interveners.

Another 10 minutes per side will go to Full Service Networks challenge--the ISPs and FCC had not addressed FSN's time in their suggestion for oral argument time. FSN supported Title II reclassification, but challenged the FCC because it said the commission did not regulate broadband enough.

FSN had filed its own, separate, proposal suggesting 35 minutes to USTelecom et. al, 20 minutes for FSN, and 5 minutes for Alamo/Berninger, with respondents getting the same time, for 2 hours total.

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.