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Title II Petitioners Must Combine Arguments

It could take cable and telco operators a few more days to put together their combined request that the U.S. Court of Appeals for the D.C. Circuit stay the June 12 effective date of the FCC's Title II reclassification order until the court hears their underlying legal challenge.

The court on May 8 denied a motion by the National Cable & Telecommunications Association and American Cable Association to exceed the 20-page stay request page limit by filing a single, 35-pager. Instead, the court will require all the petitioners — there are more than a half dozen — to file a single, 35-page brief, with the FCC getting to file 35 pages in response and the petitions 18 pages in response to that.

Given that the lawyers now have to get together on a single request, it could take more time. Also adding to the time is the fact that the same parties sought stay requests from the FCC first. The FCC denied those last week, but in doing so made numerous points about why the stay should be denied, points that the parties will likely respond to in buttressing their argument for the court stay.

John Eggerton
John Eggerton

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.