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Analysis

DC Circ.’s Deference To FCC May Boost Open Internet Repeal

Law360, Washington (May 2, 2017, 9:07 PM EDT) -- The D.C. Circuit's order letting stand a panel decision that upheld the Federal Communications Commission's 2015 Open Internet Order may be a win for net neutrality proponents on first glance, but experts say the deference afforded the agency could actually help it to reverse course.

The order denied a full-court rehearing of the case, with Judges Sri Srinivasan and David S. Tatel writing in a concurrence that the FCC had the authority to reclassify broadband as a utility and also citing uncertainty surrounding the future of the 2015 order given the agency’s plan to vote this month on a proposal that...

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