WWI-unit uwrr? STATES COURT 0F APPEALS FOR DISTRICT OF COLUMBIA CIRCUIT FOR In] 29?? IN THE UNITED STATES COURT OF APP 8 My?? 143015 ECENED FOR THE DISTRICT OF COLUMBIA CIR UI CTIA THE WIRELESS . CLERK- Petitioner, V. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents. PETITION FOR REVIEW Pursuant to 5 U.S.C. 706, 47 U.S.C. 402(a), 28 U.S.C. 2342(1) and 2344, and Federal Rule of Appellate Procedure 15(a), CTIA The Wireless Association? hereby petitions this Court for review of an order of the Federal Communications Commission (?Commission?). See Report and Order on Remand, Declaratory Ruling, and Order, Protecting and Promoting the Open Internet, GN Docket No. 14?28, FCC 15-24 (released Mar. 12, 2015) (?Order?). CTIA is providing an electronic copy of the Order on compact disc with this petition. The new regulations in the Order were published in the Federal Register on April 13, 2015. See 80 Fed. Reg. 19,738. Venue is proper, at a minimum, under 28 U.S.C. 2343. After this Court vacated and remanded the Commission?s previous attempt at Internet regulation in Verizon v. FCC, 740 F.3d 623 (DC. Cir. 2014), the Commission initiated a rulemaking proceeding and ultimately issued the Order under review. Order 11?? 7, 10. That Order purports to reclassify broadband Internet access service as a Title II telecommunications service and also to reclassify wireless broadband Internet access service as a commercial mobile radio service, or its functional equivalent, and therefore subject to common carrier regulation under Title II for that reason as well. CTIA seeks review of the Order on the grounds that it is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. 701 et seq.; violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and Commission regulations promulgated thereunder; con?icts with the notice-and- comment rulemaking requirements of 5 U.S.C. 553; and is otherwise contrary to law. CTIA respectfully requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and that it provide such additional relief as may be appropriate. April 14, 2015 Respectfully submitted, KCM ?ggxa/?m Michael K. Kellogg Scott H. . I . KELLOGG, HUBER, HANSEN, TODD, EVANS FIGEL, P.L.L.C. 1615 Street, N.W., Suite 400 Washington, DC. 20036 (202) 326?7900 Counsel for Petitioner CT IA The Wireless Associati0n? IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT CTIA THE WIRELESS Petitioner, V. No. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents. CORPORATE DISCLOSURE STATENIENT Pursuant to Federal Rule of Appellate Procedure 26.1 and this Court?s Rule 26.1, CTIA The Wireless Association? respectfully submits the following corporate disclosure statement. CTIA (formerly known as the Cellular Telecommunications Internet Association) is a Section 501(c)(6) not-for?pro?t corporation organized under the laws of the District of Columbia and represents the wireless communications industry. Members of CTIA include service providers, manufacturers, wireless data and Internet companies, and other industry participants. CTIA has not issued any shares or debt securities to the public, and CTIA has no parent companies, subsidiaries, or af?liates that have issued any shares or debt securities to the public. Respectfully submitted, Michael K. Kellogg. 0 Scott H. - KELLOGG, HUBER, HANSEN, TODD, EVANS IGEL, P.L.L.C. 1615 Street, N.W., Suite 400 Washington, DC. 20036 (202) 326-7900 Counsel for Petitioner CT IA ?ze Wireless Associati0n? April 14, 2015 CERTIFICATE OF SERVICE I hereby certify that, on April 14, 2015, I caused one copy of the foregoing Petition for Review and Corporate Disclosure Statement to be served on the following counsel by the manner indicated: By First Class Mail and By First Class Mail Electronic Mail Eric H. Holder, Jr. Jonathan Sallet Attorney General General Counsel United States Department of Justice Federal Communications 950 Avenue, NW. Commission Washington, DC. 20530 Room 8-A741 445 12th Street, SW. Washington, DC. 20554 onathan.Sallet@fcc. gov Mt ?55? AM Michael K. Kellogg 00?