Reactions to Supreme Court Rejecting Industry Challenge of 2015 Net Neutrality Rules

The US Supreme Court declined to hear a challenge to the DC Circuit's 2016 decision upholding the Federal Communications Commission’s network neutrality rules. The Supreme Court also declined to vacate the DC Circuit's decision as moot. 

Jonathan Spalter, president and CEO, USTelecom: “This decision is not surprising because the D.C. Circuit’s original decision was superseded by the FCC’s Restoring Internet Freedom Order that correctly restored broadband as an information service. RIF remains the law of the land and is essential to an open internet that protects consumers and advances innovation. USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals.”

NCTA - The Internet  & Television Association: "It is not surprising that the Supreme Court declined to hear this case dealing with the Wheeler FCC’s 2015 Order. Once the current FCC repealed the 2015 Order, almost all parties – including NCTA – agreed that the case was moot. Today’s decision is not an indication of the Court’s views on the merits but simply reflects the fact that there was nothing left for the Court to rule on.”

John Bergmayer, Senior Counsel at Public Knowledge: "This is good news for net neutrality supporters. The D.C. Circuit's previous decision upholding both the FCC's classification of broadband as a telecommunications service, and its rules prohibiting broadband providers from blocking or degrading internet content, remains in place. While the current FCC has repealed those rules -- a decision Public Knowledge is currently challenging in court -- this means that the previous decision is binding on the current FCC, and on the D.C. Circuit panel that hears the current challenge. Much of the current FCC’s argument depends on ignoring or contradicting the D.C. Circuit’s earlier findings, but now that these are firmly established as binding law, the Pai FCC’s case is on even weaker ground than before.”

Free Press Policy Director Matt Wood: “We’re grateful that a majority of the justices saw through the flimsy arguments made by AT&T and Comcast lobbyists. The ISPs went all out to push FCC Chairman Ajit Pai to repeal the agency’s Net Neutrality rules — and then ran to the Supreme Court looking for a do-over on earlier cases that rightly upheld those rules. The lobbyists and lawyers for these companies are always talking out of both sides of their mouths. They suddenly claim to support open-internet protections, yet work feverishly to undermine any rules in Congress, in the courts, at the FCC, and now in statehouses too — no matter how strong the popular support and legal foundation for these vital communications rights may be. There was absolutely no reason for the Supreme Court to take this case, and today’s denial puts to bed the chances of upending the correct appellate-court decisions. Now we look forward to filing our final brief in the new appeal challenging the Pai FCC’s mistakes, and to making the argument in front of the D.C. Circuit this February in this latest round to save these crucial rules.”