Telco Lobby Sues FCC Over Net Neutrality Rules Yet Again... Just In Case The First Time Didn't Work

from the an-abundance-of-caution dept

Mon, Apr 13th 2015 2:38pm — Mike Masnick

A few weeks back, we wrote about USTelecom, a trade association of broadband providers filing a legal challenge to the FCC's net neutrality rules in the DC Circuit. This took some folks by surprise, because the general assumption was that you couldn't file the lawsuit until after the FCC had officially put the rules in the Federal Register, and that hadn't happened yet. However, USTelecom decided to go ahead because part of the new rules fell under a different legal regime, and under that regime, you only have 10 days to file an appeal. So USTelecom decided to file quickly just so they didn't lose out on a procedural issue in missing those 10 days. Today, however, the rules finally went into the Federal Register (and they're set to take effect on June 12), and so USTelecom basically filed the same thing all over again. You can read the new "supplemental" filing [pdf] which is almost word for word the same as the first, except adding the fact that it's doing this just in case it was supposed to really wait for the Federal Register stuff to happen:

This Court has encouraged petitioners, in circumstances such as those here where the triggering event for petitioning for review is unclear, to file a supplemental petition for review.

Basically, this is the same lawsuit, but USTelecom wants to just cover all of its bases to make sure, dammit, that this appeal to the new rules is filed however possible.

261741542 US Telecom Lawsuit (PDF)261741542 US Telecom Lawsuit (Text)

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Filed Under: fcc, lawsuit, net neutrality
Companies: ustelecom

9 Comments

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That One Guy (profile), 13 Apr 2015 @ 2:02pm

Given the similarities, would it be possible for a judge to just merge the cases, so they only have to go over the case once, rather than twice?
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Anomalous, 13 Apr 2015 @ 3:00pm

One for two
Why bother to merge them when one of them was obviously filed at the wrong time. Just throw the procedurally incorrect one out.
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Anonymous Coward, 13 Apr 2015 @ 3:11pm

Seems reasonable
I probably disagree with USTelecom's goals, but given the absurd and often petty procedural tricks played by the court system, USTelecom's lawyers probably had to do this. Blame the court system for bizarre standing rules and deadlines (10 days?!), not the lawyers trying their best to fit within the rules.
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Anonymous Coward, 13 Apr 2015 @ 3:19pm

What would be great is if the judge found they didn't have standing and tossed the case out, a month from now. Then tell all the ISP's that want to file suits, "Sorry, you missed your window."

I man can dream can't I!
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That One Guy (profile), 13 Apr 2015 @ 3:23pm

Re:
"If you would like to refile your case, our offices will be open sometimes between 8 AM, and 9 PM, and the employees that can take your filing will generally show up at some point during that window. However, it looks like we're pretty solidly booked for the next while, so you may have to wait a few months before an employee is available to accept your filing."
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Anonymous Coward, 13 Apr 2015 @ 4:10pm

Re: Re:
Regardless of if you reach an employee during the window you will still be billed for the full time to file and the employee will cross your name off of the list of people trying to file.
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Anonymous Coward, 13 Apr 2015 @ 4:17pm

As silly as this sounds I think the lawyers did the right thing by filing and refilling just to make sure they can get into the system. I don't support their cause but I do feel everyone shouldn't have to jump through stupid legal hoops like a small window to get your case heard. Hope they lose their case though.
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Anonymous Coward, 13 Apr 2015 @ 7:43pm

The next time you send your hard earned cash to your ISP I hope you realize where that money is going, it's a sure bet it isn't going to prop up the "Last Mile". The U.S. government and corporate America are killing the goose that laid the golden egg, and personally I could give a rats ass.
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Anonymous Coward, 14 Apr 2015 @ 5:03am

Re: One for two
First you throw out the duplicate case then you throw out the case south timing problems. Plus does the lobby group actually have standing in this case? They aren't the injured part.
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