Read Randy May’s Excellent Take DC Circuit”s Decision Implications for Net Neutrality

July 26, 2011

Those interested in the ultimate legal fate of the FCC’s beleaguered Open Internet order, should not miss Randy May’s outstanding analysis of the D.C. Appeals Court’s latest thinking on the FreeStateBlog.

Simply, Randy keenly spotlights a very relevant recent D.C. Court of Appeals decision overturning an SEC rule as a precursor/analogous decision of how that court will likely view the FCC’s controversial Open Internet Order.

  • Randy shows the Court currently has little patience for sloppy unsupported legal decisions (like the FCC’s Open Internet order) where the agency “failed to make a rational connection between ‘the facts found and the choices made.'”

Randy is dead on that this Court is very likely to show very little tolerance for the FCC’s scant and lame justification for net neutrality regulation — a justification that can be encapsulated in the well-known phrase of those who can’t defend their position on the merits: “because we say so.”

  • This is more evidence that the FCC’s net neutrality regulations are “dead regs walking.”



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