DC Circuit Denies FCC Bid to Delay Feb. 1 Argument on Net Neutrality Reversal

A federal court panel denied an FCC stay request to postpone Feb. 1 oral argument on challenges to its net neutrality reversal order (see 1901170055), as some expected (see 1901150011). Judges Patricia Millett, Robert Wilkins and Stephen Williams of the U.S. Court of Appeals for the D.C. Circuit Thursday denied a commission motion for a delay that was based on the lapse in appropriations, said the brief order, citing opposition to the request in Mozilla v. FCC, No. 18-1051. That panel will review the case on the merits. The FCC Tuesday said petitioners challenging the order opposed the motion, and petitioner Incompas Wednesday filed opposition (see 1901150058). The FCC and others noted a previous D.C. Circuit ruling that such stay denials constituted "express legal authorization" for agencies to comply with court requests for oral argument or briefing, despite Anti-Deficiency Act restrictions during the partial government shutdown. The denial "does now enable us to adequately prepare," emailed an FCC spokesperson Thursday. Incompas is "glad the court ruled so quickly," and looks forward to presenting its "case to save net neutrality and keep the streaming revolution going," emailed Incompas General Counsel Angie Kronenberg. Mozilla didn't comment.