The Supreme Court has agreed to give ISPs more time to decide whether to appeal a D.C. Court's ruling upholding the FCC's Title II Open Internet order.

The court granteda petition by USTelecom and othersto extend the deadline for appeal (filing a writ of certiorari) fromJuly 30 to Sept. 28.

ISPs pointed out that the new FCC might have mooted that appeal by September—if it has voted on a proposal from FCC chairman Ajit Pai to reverse the Title II classification and review the rules.

Seeking the extension in addition to USTelecom were NCTA–The Internet & Television Association, CTIA–The Wireless Association, the American Cable Association, AT&T, CenturyLink, Alamo Broadband, TechFreedom and various individuals including VoIP pioneer Daniel Berninger.

The FCC has sought comment onthe proposalby the Republican FCC majority under chairman Ajit Pai to reclassify internet access—wired and wireless, fixed and mobile, customer facing and interconnections—as an information service not subject to Title II and to review whether rules against blocking, throttling and paid prioritization are necessary.

Those comments were due July 17 (initial comments) and Aug. 16 (replies).