Net Neutrality Litigation: Round 1 Goes To the FCC.

[Commentary] Good news! The DC Circuit denied the request by the carriers suing the Federal Communications Commission to prevent the FCC’s network neutrality rules and reclassification of broadband as a Title II telecom service. So what does all this mean for the litigation and the ongoing machinations in Congress around net neutrality?

Short version -- the court was not impressed with the arguments of the carriers that the FCC was so whacky crazy power-usurping unlawful that this case is the slam-dunk reversal the carriers and their cheerleaders keep saying it is. Mind you, that doesn’t mean the FCC will win. But it does mean that opponents of net neutrality and Title II might want to ratchet back the TOTAL CONFIDENCE OF VICTORY they have exuded until now just a wee bit. It also provides a psychological lift to the pro-net neutrality side that the FCC can win this even in the DC Circuit. On the political side, Republicans had hoped that a stay would push Democrats to the bargaining table to avoid the litigation risk. Because the FCC’s odds improve with the denial of the stay, this may have the opposite effect, with Democrats more likely to wait for a court decision rather than try to strike a deal. This could either prompt Republicans to sweeten their offer, or double down on efforts for total repeal.