BEFORE THE UNITED STATES JUDICIAL PANEL
ON MULTICIRCUIT LITIGATION
Petitions for Review of the Federal
)
Communications Commission's
)
In the Matter of Preserving the Open )
Internet, GN Docket No. 09-191; ) MDL
No.________
Broadband Industry Practices,
)
WC Docket No. 07-52, Report and
)
Order, 25 FCC Rcd 17905 (2010)
)
NOTICE OF MULTICIRCUIT PETITIONS FOR REVIEW
Pursuant to the provisions of 28 U.S.C. 2112(a) and the Rules of
Procedure of the Judicial Panel on Multidistrict Litigation, the Federal
Communications Commission submits this Notice of Multicircuit Petitions
filed for review of
In the Matter of Preserving the Open Internet, GN
Docket No. 09-191;
Broadband Industry Practices, WC Docket No. 07-52
,
Report and Order, 25 FCC Rcd 17905 (2010) ("
Open Internet Order"). A
summary of the
Open Internet Order was published in the Federal Register
on September 23, 2011.
See 76 Fed. Reg. 59192 (2011). As required by
Panel Rule 25.2, we submit with this notice: (1) a schedule (Attachment A)
listing those petitions for review filed in the circuit courts of appeals within
ten days after the issuance of the agency order and received by the agency
within that time period;1 (2) copies of each petition (Attachment B); and (3)
the order the parties are appealing (Attachment C). In accordance with
Panel Rule 25.3, as indicated in the attached certificate of service, the FCC
is serving this notice on the clerks of the courts where petitions for review
have been filed as well as on counsel for all parties.
Respectfully
submitted,
Jacob
M.
Lewis
Associate
General
Counsel
/s/ Richard K. Welch
Richard K. Welch
Deputy
Associate
General
Counsel
Joel Marcus
Counsel
Federal
Communications
Commission
445
12th Street, S.W.
Washington,
D.C.
20554
Phone:
(202)
418-7225
Fax:
(202)
418-2819
October 5, 2011
1 Pursuant to 47 U.S.C. 402(a), 28 U.S.C. 2342 and 2344, and the FCC's rules, the
period for seeking review in a notice-and-comment rulemaking proceeding is calculated
from the date of publication of the rule in the Federal Register.
See 47 C.F.R. 1.4(b),
1.13(a)(1) & (2). In this case, the
Open Internet Order was issued on September 23,
2011, and the ten-day period for seeking review contemplated in 28 U.S.C. 2112(a)
thus ended on October 3, 2011.
2
ATTACHMENT A
1. Issuance date of the relevant agency order: September 23, 2011
2. Cases filed:
Free Press v. FCC & USA
First Circuit No. 11-2123
Filed: September 28, 2011
Received by FCC: September 29, 2011
People's Production House v. FCC & USA
Second Circuit No. 11-3905 ag
Filed: September 26, 2011
Received by FCC: September 28, 2011
Media Mobilizing Project v. FCC & USA
Third Circuit No. 11-3627
Filed: September 26, 2011
Received by FCC: September 28, 2011
Mountain Area Information Network v. FCC & USA
Fourth Circuit No. 11-2036
Filed: September