USCA Case #15-1063

Document #1564370

Filed: 07/24/2015

Page 1 of 5

IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES TELECOM ASSOCIATION,

et al.,
Petitioners,
No. 15-1063 (and
consolidated cases)

v.
FEDERAL COMMUNICATIONS COMMISSION
and UNITED STATES OF AMERICA,
Respondents.

NOTICE OF COMPETITIVE ENTERPRISE INSTITUTE

OF INTENT TO FILE BRIEF AS AMICUS CURIAE
IN SUPPORT OF PETITIONERS
Pursuant to D.C. Circuit Rule 29(b), the Competitive Enterprise Institute
(CEI) respectfully notifies this Court of its intent to file a brief as amicus curiae
in support of the petitioners by August 6, 2015, pursuant to the briefing
schedule issued by this Court on June 29, 2015. CEI certifies that all parties
in these consolidated proceedings have consented to CEIs filing this amicus
brief.
CEI is a nonprofit 501(c)(3) public interest organization dedicated to
advancing free-market solutions to regulatory issues. CEI has conducted
research and advocacy on the issue of government regulation of the Internet
for a number of years. For example, between 2007 and 2014, CEI filed or co-

USCA Case #15-1063

Document #1564370

Filed: 07/24/2015

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authored comments on eight separate occasions with the Federal

Communications Commission (FCC) regarding its various proposals to
regulate broadband Internet access services.1 In 2012, CEI filed an amicus
brief with this Court, joined by three other organizations, in support of the
appellant in Verizon v. FCC, in which the Court partially invalidated the
FCCs first Open Internet Order.2
CEI intends to file an amicus brief of no more than 5,000 words focusing
on the FCCs claim that Section 706 of the Telecommunications Act of 1996
gives it affirmative legal authority for all of the rules in its Order.3
Pursuant to D.C. Circuit Rule 29(d), CEI sought to consolidate its brief with
other potential amici, but none share our interest in the Section 706 issue. For
these reasons, we submit that our amicus brief would assist the Court in its
consideration of this case.

1. See, e.g., Comments of CEI, Preserving the Open Internet, FCC 09-93,
(rel. Oct. 22, 2009), http://apps.fcc.gov/ecfs/comment/view?id=601605
8285; Comments of CEI, Broadband Industry Practices, FCC 07-31, (rel.
Apr. 16, 2007), http://apps.fcc.gov/ecfs/comment/view?id=5514681187.
2. Brief for TechFreedom, the Competitive Enterprise Institute, the Free
State Foundation, and the Cato Institute as Amici Curiae Supporting
Appellant, Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014) (No. 11-1355).
3. Protecting and Promoting the Open Internet, Report and Order on
Remand, Declaratory Ruling, and Order, FCC 15-24, 30 FCC Rcd 5601,
5721, para. 275 (2015).
2

USCA Case #15-1063

Document #1564370

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Respectfully submitted,
/s/ Hans Bader_______________
HANS BADER
SAM KAZMAN
Competitive Enterprise Institute
1899 L Street, N.W., Floor 12
Washington, D.C., 20036
Telephone: (202) 331-2278
Email: hans.bader@cei.org
July 24, 2015

Counsel for CEI

USCA Case #15-1063

Document #1564370

Filed: 07/24/2015

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IN THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES TELECOM ASSOCIATION,

et al.,
Petitioners,
No. 15-1063 (and
consolidated cases)

v.
FEDERAL COMMUNICATIONS COMMISSION
and UNITED STATES OF AMERICA,
Respondents.

CORPORATE DISCLOSURE STATEMENT

Pursuant to Federal Rule of Appellate Procedure 26.1 and D.C. Circuit
Rules 26.1 and 29(d), undersigned counsel certifies that CEI is a nonprofit
District of Columbia corporation with no parent corporation. No publicly
held company has a 10 percent or greater ownership interest in CEI.
Respectfully submitted,
/s/ Hans Bader_______________
HANS BADER
Competitive Enterprise Institute
1899 L Street, N.W., Floor 12
Washington, D.C., 20036
Telephone: (202) 331-2278
Email: hans.bader@cei.org
July 24, 2015

Counsel for CEI

USCA Case #15-1063

Document #1564370

Filed: 07/24/2015

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CERTIFICATE OF SERVICE
I hereby certify that, on July 24, 2015, I electronically filed the foregoing
with the Clerk of the Court for the United States Court of Appeals for the
District of Columbia Circuit using the appellate CM/ECF system, which
served a copy of the document on all counsel of record in the case.
Respectfully submitted,
/s/ Hans Bader_______________
HANS BADER
Competitive Enterprise Institute
1899 L Street, N.W., Floor 12
Washington, D.C., 20036
Telephone: (202) 331-2278
Email: hans.bader@cei.org