The suit was filed in the U.S. District Court for the District of Columbia after the FCC failed to respond to two FOIA requests.

On March 30, 2017, Judicial Watch requested:

All records or communications discussing or analyzing the desirability of a "two-sided market" for broadband internet services from an economics or public policy standpoint.

The time frame of this request was identified as March 28, 2015, through March 30, 2017.

On April 4, 2017, Judicial Watch requested:

All emails between any FCC Commissioner, manager, or employee and Tom Power [formerly U.S. Deputy Chief Technology Officer for Telecommunications in the Obama White House Office of Science and Technology Office (until December 2014) and currently Senior Vice President & General Counsel for the U.S. wireless communications industry group CTIA].