10 Challenges to FCC’s Digital Divide Order Are Consolidated in 8th Circuit

The U.S. Judicial Panel on Multidistrict Litigation, in an order Friday, randomly picked the 8th U.S. Circuit Court of Appeals as the venue in which to consolidate 10 multicircuit petitions for review filed in six appellate courts challenging the FCC’s Nov. 20 digital divide order (see 2402070058), the agency told those courts in notifications Monday, under Panel Rule 25.6. The FCC notified the panel of those 10 petitions Wednesday (see 2402070058). Virtually all the petitioners -- mostly state broadband and television associations, but also the U.S. Chamber of Commerce, are challenging the order on grounds that it gives the FCC unprecedented authority to regulate the broadband internet economy.