In the UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT FREE PRESS ) ) Petitioner, ) ) ) v.

) ) FEDERAL COMMUNICATIONS COMMISSION) ) and ) ) UNITED STATES OF AMERICA, ) ) Respondents. ) PETITION FOR REVIEW Pursuant to 47 U.S.C. 402(a), 28 U.S.C. 2342(1) and 2344, and Federal Rule of Appellate Procedure 15(a), Free Press petitions this Court for review of a December 21, 2010 decision of the Federal Communications Commission (FCC) adopting rules that intend to preserve the Internet as an open platform for innovation, investment, economic growth, and free expression. The decision, titled Preserving the Open Internet, GN Docket 09-191; Broadband Industry Practices, WC Docket 07-52, was released on December 23, 2010. A copy of the order is attached to this petition.

No. 11-_______

Petitioners seek review of the FCCs decision to adopt one set of rules for broadband access via mobile platforms and a different set of rules for broadband access via fixed platforms. Free Press seeks review on the grounds that this decision violates the Communications Act of 1934, or other statutes, and is arbitrary and capricious, an abuse of discretion, or otherwise contrary to law. Free Press requests that this Court hold unlawful and set aside, vacate or enjoin such aspects of the Open Internet Order as necessary, remand the petition to the FCC for further proceedings, and order any such other relief as the Court may find proper. Venue in this Court is proper under 28 U.S.C. 2343 because Free Presss principal place of business is located at 40 Main St, Suite 301, Florence, MA 01062. Respectfully submitted,

Matthew F. Wood Free Press 501 Third St NW Suite 875 Washington, DC 2001 (202) 265-1490 mwood@freepress.net First Circuit Bar No. 1148994 Admittance Date: 9/23/11

CERTIFICATE OF SERVICE I, Tessa Simonds, certify that on this _____ day of _____________, 2011, I served Free Presss Petition for Review by United States mail, postage prepaid, on the parties listed below. Austin Schlick General Counsel Federal Communications Commission 445 12th St SW Washington, DC 20554 Catherine G. OSullivan Nancy Caroline Garrison U.S. Department of Justice Antitrust Division Appellate Section - Rm. 3224 950 Pennsylvania Ave., N.W. Washington, D.C. 20530

_____________________________ Tessa Simonds