We suspect that a lot of our readers have been anxiously awaiting the D.C. Circuit’s latest decision in the Net Neutrality proceeding. Here it is, just released. We here in the CommLawBlog bunker haven’t yet had a chance to review and digest the 115-page majority opinion (co-authored by Judges David Tatel and Sri Srinivasan), much less the 69-page concurrence/dissent from Judge Stephen Williams). It’s now officially on our to-do list, so be sure to check back here for our thoughts on it.
For now, though, there’s no reason that you shouldn’t have the same opportunity as the rest of us to dig into the third volume in the Court’s trilogy of Net Neutrality opinions. So have at it. (Spoiler alert, in case you missed the headline above: The FCC wins, as the Court denies the various petitions for review. For now, then, the Net Neutrality rules have gotten past a stumbling block on which two prior iterations of those rules have foundered.)
But the game isn’t over yet: the unsuccessful petitioners can still seek rehearing en banc before the full Circuit, and there’s always the Supreme Court, too. While the odds that a previous decision will get reversed tend to get a lot lower as a case progresses up the appellate ladder, you never can tell – particularly here, with Judge Williams spelling out in considerable detail why he believes the FCC’s decision should be vacated. In other words, there’s almost certainly more to come. Stay tuned.