8th Circuit Denies Expedited Briefing of Digital Discrimination Petitions for Review

The 8th U.S. Circuit Court of Appeals denied a motion from 20 industry and business groups, including CTIA, USTelecom and the U.S. Chamber of Commerce, for expedited briefing and oral argument on their 16 consolidated petitions to vacate the FCC's Nov. 20 digital discrimination order, said the court’s order Wednesday (docket 24-1179).

The 8th Circuit granted unopposed motions for leave of two petitioners -- the Media Alliance and Great Public Schools Now and of the Benton Institute for Broadband & Society -- to intervene on the FCC’s behalf to prevent the order from being completely vacated, though they do oppose portions of it.

The industry petitioners argued in their motion that expedited briefing would ensure the 8th Circuit has enough time to render a decision on the petitions for review before the digital discrimination order takes effect Sept. 22. The FCC opposed the motion, arguing that “accelerating this highly complex proceeding” would prejudice the government.