FCC Asks That Net Neutrality Appeals Be Consolidated in D.C. Circuit

The FCC asked two federal appeals courts Thursday to transfer legal challenges to the agency’s net neutrality rules to the U.S. Court of Appeals for the D.C. Circuit. The appeals were filed by Texas wireless ISP Alamo Broadband in the 5th Circuit and Pennsylvania CLEC Full Service Network in the 3rd Circuit. The Judicial Panel on Multidistrict Litigation already selected the D.C. Circuit as the court to hear the initial two appeals of the order, the FCC noted. The agency told the courts that because petitioners seek review of the same FCC order that is being challenged in the cases before the D.C. Circuit, and because the Judicial Panel designated the D.C. Circuit as the court where the agency record is to be filed, they are “statutorily required” to move the cases.