D.C. Circuit Denial of En Banc Review on Net Neutrality Case a Win for Internet Users

CDT applauds the Federal Court of Appeals for the D.C. Circuit’s denial of a petition for en banc rehearing of the U.S. Telecom v Federal Communications Commission decision. The petitioners filed for rehearing after losing their appeal before a three-judge panel last June.

Today’s opinion upholds the FCC’s reclassification of broadband internet access as a telecommunications service, which makes internet service providers subject to the regulations of Title II of the Communications Act. The FCC’s rule follows the court’s reasoning laid out in a previous decision, Verizon v FCC, which concludes that such rules would be permissible for entities regulated under Title II.

Lisa Hayes, CDT’s General Counsel, stated: “Today’s decision is a win for consumers. The court agreed that Title II classification is sound, and that the FCC has authority to regulate the marketplace. Net neutrality is essential to a vibrant internet ecosystem, and CDT will continue to defend the open internet in the days and years to come.”