The court has decided that the oral argument between Mozilla and the FCC will take place despite government shutdown.
The case that Mozilla et al. filed against the Federal Communications Commission (FCC) to challenge its Restoring Internet Freedom order rollback along with the Title II classification and Title II-based network neutrality rules shall make a start on the first day of February. The D.C. Circuit notes on its website that oral arguments shall transpire next month whether there is a partial government shutdown or none.
Judges Patricia Millett, Stephen Williams, and Judith Rogers will handle the procedure. Williams is also a senior judge who disregarded internet service providers and other’s appeal way back in May 2017 in regards to the en banc reevaluation of previous decision about the commission’s decision to reclassify ISPs as common carriers during the administration of President Obama.
A number of diversified groups united with Mozilla in petitioning the FCC due to the Republican majority’s decision to repeal regulations against paid prioritization, throttling, and blocking. It also includes the reclassification of both wired and wireless broadband being Title I information services.
According to Mozilla, INCOMPAS, Public Knowledge, and the Benton Foundation along with other groups, the federal agency’s Restoring Internet Freedom order was not only a terrible scheme but also illegal. They pointed out that the FCC pronounced the commission did not have jurisdiction over the internet which according to them is a pervasive move. The groups likewise disputed that the agency’s “cherrypicking” of investment with evidence to confirm their deliberated conclusion of overturning the Title II classification.
Those who joined Mozilla in challenging the FCC’s include the following:
- California Public Utilities Commission
- Santa Clara County Central Fire Protection District
- County of Santa Clara
- Center for Democracy and Technology
- Ad Hoc Telecom Users Committee
- Coalition for Internet Openness
- Free Press
- Benton Foundation
- NTCH, Inc.
- National Hispanic Media Coalition
- District of Columbia
- Commonwealths of Kentucky
- Rhode Island
- North Carolina
- New Mexico
- New Jersey
- New York
- Public Knowledge
- Open Technology Institute
Intervenors are individuals or groups that participate in a developing legal proceeding as a rule or at by the court’s decision, without the original litigants’ authorization. Groups that will support the FCC during the hearing include:
- CTIA – The Wireless Association
- NCTA – The Internet & Television Association
- USTelecom – The Broadband Association
- American Cable Association
- Wireless Internet Service Providers Association