As TCPAWorld.com readers already know, the NCLC and others attempted to join in the Eleventh Circuit Court of Appeals case involving the FCC’s one-to-one rule.

The NCLC wants the Court to reconsider the ruling striking down one-to-one and get ALL of the judges together on the Eleventh Circuit to rule on the issue.

Well today IMC fired back with a very nice brief explaining why there’s zero chance that should happen.

I am pleased to say they hit all the right notes here.

In particular NCLC’s failure to comply with the Hobbs Act timeframe for intervention feels pretty dang dispositive to Troutman.

The brief also points out that NCLC has already filed briefs in the case–so it has already had its say–plus it shouldn’t be allowed to stand in the shoes of the government (that’s just weird.) And hey look, they can have their say with the Commission as part of remand proceedings anyway– so if they want something done from a policy perspective they can do it there.

Now the last point may ring a bit hollow–just being real– but the other points are well made and dead on. Hopefully the court shuts the door on this pretty frivolous intervention effort.

In fact, in light of this filing I think R.E.A.C.H. will likely NOT be seeking to intervene after all– but need to discuss with the board to make sure.

We’ll keep an eye on this.

Full brief here: Brief Opposing NCLC