Several fixed and wireless broadband groups asked the U.S. Supreme Court on Tuesday for a 60-day extension of the deadline by which they must petition the Supreme Court for review of the D.C. Circuit Court’s recent decision to refuse en banc rehearing of that court’s 2016 ruling upholding the FCC’s Open Internet rules. Adopted in 2015, the Open Internet order reclassified broadband network access services as telecommunications services which are subject to common carrier regulation pursuant to Title II of the 1934 Communications Act. The extension request was filed by Internet & television association NCTA, wireless association CTIA, USTelecom, AT&T, CenturyLink, the American Cable Association and various other groups on the eve of Wednesday’s widely-publicized “Day of Action to Save Net Neutrality.”

In seeking an extension of the Supreme Court filing deadline from July 30 to September 28, the groups pointed to prospects that the FCC may soon act on its recent proposal to roll back Title II classification of broadband access services. Initial comments on the FCC rulemaking proposal are due Monday, and the deadline for filing reply comments is August 16. Given that timetable, and “depending upon how the Commission responds,” the groups advised the high court that “the rulemaking has the potential to moot applicants’ challenges to the Title II order in whole or in part, or to alter the relief that applicants may seek in their petitions.” The groups also argued that an extension of the filing deadline would “allow coordination of petitions by the various parties if the appeals are not mooted by FCC action before September 28.” In that event, the groups emphasized that the Open Internet order would “[warrant] this Court’s review because it exceeds the scope of the Commission’s authority to regulate broadband Internet access service under the Communications, and because the Commission violated bedrock principles of administrative law.”