DC Circuit Upholds Much of Net Neutrality Order But Not Pre-emption

The U.S. Court of Appeals for the D.C. Circuit upheld much of the FCC reclassifying broadband service as a Title I Communications Act information service, with some exceptions including on pre-emption for states' own regulations. The ruling also included a partial dissent from Judge Stephen Williams and concurring opinions from Patricia Millett and Robert Wilkins.

"The Commission has not shown legal authority to issue its Preemption Directive, which would have
barred states from imposing any rule or requirement that the Commission 'repealed or decided to refrain from imposing' in the Order or that is 'more stringent' than the Order," the D.C. Circuit said Tuesday morning. It vacated that portion of the rules.

It remanded to the federal regulator what the decision called "three discrete issues." The order "failed to examine the implications of its decisions for public safety," doesn't "sufficiently explain what reclassification will mean for regulation of pole attachments," and "the agency did not adequately address Petitioners’ concerns about the effects of broadband reclassification on the Lifeline Program." The ruling is in Pacer.

The agency didn't comment right away on Mozilla v. FCC.