DC Circuit Majority Denies En Banc Appeal of Net Neutrality, Title II Panel Ruling

A federal court denied appeals of a 2016 panel ruling that upheld the FCC's net neutrality and broadband reclassification order under Title II of the Communications Act. The petitions for rehearing en banc of the June three-judge ruling were rejected by a majority of the active judges of the U.S Court of Appeals for the D.C. Circuit in an order Monday in USTelecom v. FCC, No. 15-1063.

Judges Brett Kavanaugh and Janice Rogers Brown dissented and said they would have granted rehearing. Chief Judge Merrick Garland and Judges Cornelia Pillard and Karen LeCraft Henderson didn't participate.

The FCC and USTelecom had no immediate comment Monday.