D.C. Circuit Upholds FCC’s Net Neutrality Order


In a 184-page decision released today, the Court of Appeals for the District of Columbia Circuit (“DC Circuit”) upheld the Federal Communications Commission’s (“FCC”) 2015 Open Internet Order, also known as the Net Neutrality Order. The DC Circuit’s decision paves the way for the FCC to continue its application of Title II regulations to Broadband Internet Access Service (“BIAS”) providers, including the FCC’s recently proposed privacy rules for BIAS providers.

While the decision marks a significant victory for the FCC in its decade-long attempt to clarify its regulatory treatment of the Internet, the decision will likely be appealed by the industry groups that brought the suit. After the ruling was announced, AT&T general counsel David McAtee said the company “always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal.”  

If you’d like more information on the decision or have any other questions regarding the application of Title II regulations to BIAS providers, please contact Jonathan S. Marashlian at jsm@commlawgroup.com, Jacqueline R. Hankins at jrh@commlawgroup.com, or Seth L. Williams at slw@commlawgroup.com.

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