Taking Net Neutrality to Court

Defenders of the Federal Communications Commission's current Open Internet rules are plotting out a legal challenge to FCC Chairman Ajit Pai’s plan to repeal them. This would be the latest in a series of court battles over FCC net neutrality authority. Several groups including Public Knowledge, Free Press, the Electronic Frontier Foundation, Mozilla and the Computer & Communications Industry Association expressed interest in a legal challenge, which may consume much of 2018. “The court doesn’t give a damn about your political narrative,” said Public Knowledge Senior Vice President Harold Feld, anticipating the FCC will face statutory challenges and those under the arbitrary and capricious standard. The telecom industry expects to have Pai’s back in court, according to USTelecom’s Jonathan Banks, who lauded the repeal proposal’s detail and research and expressed optimism for its strength in court: "It is likely to be upheld." GOP Commissioner Brendan Carr and former-Commissioner Robert McDowell, now representing Mobile Future, also place faith in the repeal’s legal underpinnings.

“Whether we’re winning the battle in the moment, as we were under [former FCC Chairman] Tom Wheeler, or losing the battle in the moment, as we are during Chairman Pai’s tenure, it’s always better to settle this public policy fight in the Commerce Committee, so I continue to be open to the possibility of legislating,” said Sen. Brian Schatz (D-Hawaii) told John. “I think the courts are significant, but I don’t think they will determine whether we move forward on legislation.”