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Recently, Public Knowledge filed a protective petition in the U.S. Court of Appeals for the D.C. Circuit to protect its rights in the event that, as happened in previous litigation, the multidistrict lottery was conducted early. The multidistrict lottery determines which court Federal Communications Commission appeals may be heard in when challenges are filed in multiple courts.
That has not happened, and the protective petition has served its purpose. Consequently, we have voluntarily withdrawn our petition, and intend to file again after the FCC’s final “Restoring Internet Freedom” order is published in the Federal Register.
The following can be attributed to John Bergmayer, Senior Counsel at Public Knowledge:
“As we have said before, the FCC's abdication of its responsibility over broadband is bad policy, and contrary to the law. Public Knowledge will continue its fight to protect consumers in the courts.”