D.C. Circuit Strikes Berninger Stay Motion vs. Net Neutrality Order
A U.S. Court of Appeals for the D.C. Circuit panel struck Daniel Berninger's motion to stay the FCC net neutrality order that reclassified broadband Internet access as a Communications Act Title II service. The panel's order Tuesday said the court's…
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clear intent in previous orders was for Berninger's case to be consolidated with others in a single joint motion for a stay, but Berninger, founder of Voice Communication Exchange Committee, filed his motion separate from a previous stay request of telco and cable groups. The latter motion targets only the Title II broadband reclassification and an Internet conduct standard, not the net neutrality rules against Internet blocking, throttling and paid prioritization (see 1505190033). The D.C. Circuit denied a motion by intervenors, including Public Knowledge, backing the FCC order that had sought to exceed previous page limits in a separate opposition to the stay motion. The panel did allow intervenors to file a single joint response of up to 20 pages by noon Friday, when the FCC response is due. The panel gave telco/stay petitioners until noon May 29 to file a reply of up to 28 pages. In another development, judges for the 3rd Circuit ordered that a challenge to the net neutrality order by Full Service Network, Sage Telecommunications, Telescape Communications and TruConnect Mobile be transferred to the D.C. Circuit. The FCC had requested that change.