With the U.S. Court of Appeals for the D.C. Circuit signaling it planned to hold the Feb. 1 oral argument in Mozilla vs. the FCC partial government shutdown or not, the FCC Tuesday (Jan. 15) asked the court to instead delay the arguments, a move that is OK with cable and telco ISPs.

"The Commission recognizes that the Court has indicated that arguments in February will proceed as scheduled," the FCC said in a court filing. "However, due to the recent lapse in funding for the FCC and the relevant component of the Department of Justice, the Commission believes that, in an abundance of caution, it should move for an extension to ensure that attorneys may fully prepare for argument."

The FCC said it needs an answer ASAP in the event the request is denied and it has to stick to the schedule.