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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 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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