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How FCC Hurt Its Title II Anti-Stay Case

The FCC’s latest legal brief opposing a stay of its Open Internet Order, hurt its legal case more than it helped. The FCC brief unwittingly: exposed a glaring internal inconsistency with the FCC’s Open Internet Order; spotlighted its arbitrary and capricious decision-making; and exposed a big mistake in its legal strategy. If the D.C. Circuit Court of Appeals panel rules on the legal merits of the industry’s petition, it remains very likely they will grant a...

Why Court Very Likely Will Stay FCC’s Title II Reclassification

Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard -- in the coming weeks. That’s because a close comparison of the broadband industry’s latest best arguments in itspetition for a court stay with the FCC’s latest best counter-...

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