Quo Vadis, Net Neutrality?

[Commentary] Just because the Federal Communications Commission finally released its behemoth Report and Order (R&O) in the network neutrality proceeding in April, don’t think that the fun and games are over. Not by a long shot. Au contraire, the battles rage on … and they will soon be waged in two separate arenas, the FCC and one or another US Court of Appeals. As might be expected, we’re already seeing new twists and turns that may further complicate an already complicated proceeding. When the FCC releases a decision, folks unhappy with the decision generally have two obvious options: they may go back to the FCC and seek reconsideration, essentially trying to convince the Commission to change its mind; or they can run to an appropriate US Court of Appeals, in which case they are asking the court to tell the FCC that its decision was in some way(s) flawed. In a rulemaking proceeding (like net neutrality), it’s not unusual for some disgruntled parties to take one approach which others take the second approach. And that’s the way things seem to be shaping up here.