Internet provider wants 'net neutrality' challenge heard in New Orleans
Reuters
Published Apr 16, 2015 02:00AM ET
Internet provider wants 'net neutrality' challenge heard in New Orleans
By David Ingram
(Reuters) - A Texas-based Internet provider is requesting that a federal appeals court in New Orleans, not one in Washington, be the court that hears a challenge to new Web traffic regulations known as "net neutrality" rules.
Alamo Broadband Inc filed a lawsuit on Wednesday in the 5th U.S. Circuit Court of Appeals in New Orleans, asking it to review the regulations from the Federal Communications Commission.
Last month, Alamo lost an earlier bid to have the challenge heard in the 5th Circuit when a judicial panel selected a different court, the U.S. Court of Appeals for the District of Columbia Circuit, in a random lottery.
The 5th Circuit is generally viewed as a conservative court, and a majority of its active judges were appointed by Republican presidents. It is currently hearing a challenge to President Barack Obama's immigration overhaul.
Lawyers for Alamo said in court papers that their lawsuit, which is nearly identical to one they filed on March 23, should trigger a second lottery that will determine the venue. The March 23 lawsuit was declared premature by the FCC, making the first lottery moot, the lawyers said.
On Tuesday, AT&T Inc (NYSE:T) and three cable and wireless trade groups filed separate lawsuits challenging the Web regulations. They filed their lawsuits in the D.C. Circuit.
Parties in U.S. lawsuits often fight over which venue will hear a case because of factors such as the ideology of particular judges, the legal precedents recognized in different jurisdictions or convenience.
Privately held Alamo did not immediately respond to a request for comment left after business hours. The FCC also did not immediately respond.
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