What to Expect When You’re Expecting Oral Arguments for Yet Another Appeal of FCC Open Internet Rule

[Commentary] On Dec 4, the DC Circuit Court of Appeals will hear oral arguments for yet another appeal of the Federal Communications Commission’s Open Internet rules. Important point for the uninitiated before we get into the details: there will not be a final decision Dec 4. This is just the part of the case where judges ask their most pressing questions of the parties, after which they will deliberate for several months before issuing a final opinion, most likely sometime in the earlier part of 2016.

In general, it’s likely that no matter who wins, and on what grounds, there will be an appeal from the losing side. It may also not be a full win or a full lose, depending on where the court comes down on the disparate arguments we’ve discussed. Public Knowledge is optimistic that the FCC’s rulemaking was founded on sufficiently strong legal authority coupled with a robust record to give the agency its best chance of success. Let’s just hope the court agrees.