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Rehear Net Neutrality Case, Groups Petition DC Appeals Court

Revisit the latest net neutrality ruling, industry and other stakeholders asked the U.S. Court of Appeals for the D.C. Circuit in Friday petitions for rehearing and rehearing en banc in Mozilla v FCC, No. 18-1051. In October, the court upheld…

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much of a 2018 FCC net neutrality partial rollback (see 1910010018). Mozilla filed (in Pacer) with Etsy, Incompas, Vimeo and the Ad Hoc Telecom Users Committee. "Mozilla's petition focuses on the FCC's reclassification of broadband as an information service and on the FCC's failure to properly address competition and market harm," the company blogged Friday. It said "the court should have done more than simply criticize the FCC's assertion that existing antitrust and consumer protection laws are sufficient to address concerns about market harm without engaging in further analysis." The National Hispanic Media Coalition asked (in Pacer) the D.C. Circuit uphold judicial precedent by properly reviewing procedural rulings and agencies' obligations under the Administrative Procedure Act. Exclusion of consumer complaints from the public record and the FCC denying the ability to review them "requires the commission's reclassification ruling to be vacated," NHMC said. The group requested tens of thousands of consumer complaints in 2017 under the Freedom of Information Act (see 1709150031). New America's Open Technology Institute, Free Press, Public Knowledge, the Center for Democracy & Society, Computer & Communications Industry Association and the National Association of State Utility Consumer Advocates said an NPRM failed to propose Communications Act Section 257 legal authority the agency used to justify deregulation. “We were pleased with the D.C. Circuit’s decision upholding our return to a light-touch approach to regulating broadband," an FCC spokesperson emailed. "We are confident that decision will stand and that we will continue to have a free and open Internet.”