IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT VERIZON Appellant, v.

FEDERAL COMMUNICATIONS COMMISSION, Appellee MOTION FOR LEAVE TO INTERVENE Pursuant to 28 U.S.C. 2348, 47 U.S.C. 402(e), Rule 15(d) of the Federal Rules of Appellate Procedure, and D.C. Circuit Rule 15(b), Public Knowledge (PK) hereby moves for leave to intervene as of right in the above-captioned appeal in support of Appellee Federal Communications Commission. Pursuant to Rule 15(d) of the Federal Rules of Appellate Procedure and D.C. Circuit Rule 15(b), Public Knowledge understands that its motion to intervene in this case will also be deemed a motion to intervene in the case Verizon v. Federal Communications Commission, D.C. Circuit Case No. 11-1356, because both cases concern direct review of the same agency order. Appellant Verizon seeks review of the final order of the Federal Communications Commission (FCC or Commission) captioned In the Matter of Preserving the Open Internet; Broadband Industry Practices, Report and Order, Case No. 11-1355

GN Docket No. 09-191, WC Docket No. 07-52 (rel. Dec. 23, 2010) (Order). The Order was published in the Federal Register on September 23, 2011. 76 Fed. Reg. 59192. In the Order, the Commission adopted a framework for rules to protect innovation, investment, competition, and free expression by preserving an open Internet. PK actively participated in the Preserving the Open Internet; Broadband Industry Practices proceedings below and represents members who would be adversely affected by a reversal of the Order because their activities or businesses depend upon access to an open Internet. Therefore, PKs interests will be substantially affected by this Courts review of the Commissions Order. PK is thus is a party in interest in the proceeding entitled to intervene as of right in this matter. 28 U.S.C. 2348; 47 U.S.C. 402(e). PK therefore respectfully requests that this Court grant its motion for leave to intervene in support of Appellee Federal Communications Commission.

Respectfully submitted, /s/ Harold Feld Legal Director Public Knowledge 1818 N Street, NW Suite 410 Washington, DC 20036 Tel: (202) 861-0020 Fax: (202) 861-0040 E-mail: hfeld@publicknowledge.org
2

October 5, 2011

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT VERIZON Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee CERTIFICATE AS TO PARTIES Pursuant to D.C. Circuit Rule 27(a)(4) and D.C. Circuit Rule 28(a)(1)(A), Public Knowledge hereby certifies the following: In Cases No. 11-1355 and 11-1356, the Appellant is Verizon, and the Appellee is the Federal Communications Commission (FCC). Movant Public Knowledge seeks leave to appear in this matter as an Intervenor in support of Appellee FCC. No amici have appeared before this Court. Respectfully submitted, /s/ Harold Feld Legal Director Public Knowledge 1818 N Street, NW Suite 410 Washington, DC 20036 Tel: (202) 861-0020 Fax: (202) 861-0040 E-mail: hfeld@publicknowledge.org October 5, 2011
4

Case No. 11-1355

CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure and D.C. Circuit Rule 26.1, Public Knowledge (PK) submits the following corporate disclosure statement. PK is a non-profit organization incorporated in the District of Columbia. PK has no parent corporation, nor is there any publicly-held corporation that owns stock or other interest in PK. Respectfully submitted, /s/ Harold Feld Legal Director Public Knowledge 1818 N Street, NW Suite 410 Washington, DC 20036 Tel: (202) 861-0020 Fax: (202) 861-0040 E-mail: hfeld@publicknowledge.org October 5, 2011

CERTIFICATE OF SERVICE I hereby certify that, on behalf of Public Knowledge, on October 5, 2011, I electronically filed the foregoing Motion for Leave to Intervene with the Clerk of the Court for the United States Court of Appeals for the D.C. Circuit by using the CM/ECF system. I certify further that I have directed that copies of the foregoing Motion for Leave to Intervene be served by electronic service via CM/ECF and U.S. mail to the persons on the following page (titled Service List). /s/ Harold Feld Harold Feld Legal Director, Public Knowledge Michael E. Glover Edward Shakin William H. Johnson 1320 North Courthouse Road 9th Floor Arlington, VA 22201 (703) 351-3060 John T. Scott, III William D. Wallace 1300 I Street, NW Suite 400 West Washington, DC 20005 (202) 589-3770 Attorneys for Verizon and Verizon Wireless Walter E. Dellinger Brianne Gorod O'Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 (202) 383-5300 Austin Schlick Federal Communications Commission Office of the General Counsel Room 8-A741 445 12th Street, SW Washington, DC 20554

Helgi C. Walker Eve Klindera Reed William S. Consovoy Brett A. Shumate Wiley Rein LLP 1776 K Street, NW Washington, DC 20006 (202) 719-7000 Samir C. Jain Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Ave. NW Washington, DC 20006 (202) 663-6083

Catherine G. O'Sullivan U.S. Department of Justice Antitrust Division/Appellate Division 950 Pennsylvania Avenue, NW Room 3224 Washington, DC 20530