The Federal Communications Commission has denied petitions from telecommunications industry trade groups to stop implementation of Open Internet rules while legal challenges move forward:
In its ruling, the FCC declared that the petitioners could not establish reasonable grounds to stay the rules, even with the court appeal currently ongoing. In order to do so, the FCC said, a petitioner must not only show that they are likely to win the case and would suffer irreparable harm absent a stay, but also show that a stay is in the public interest and would not harm other parties.
"Petitioners have failed to demonstrate that they are likely to succeed on the merits," the FCC said. "The Commission’s classification of fixed and mobile [broadband internet access service] as telecommunications services falls well within the Commission’s statutory authority, is consistent with Supreme Court precedent, and fully complies with the Administrative Procedure Act."
Though it wasn't what opponents were hoping to hear, the ruling is far from the end of the road in the fight over the FCC rules. Even as the commission moves forward, legal challenges could still roll back the regulations.
The move to dismiss the broadband industry petitions for a stay is no surprise, but the FCC's denial sets up the next phase in the net neutrality legal battle. Now the groups will ask a court to halt the reclassification pending a final outcome. If they can't get a stay from a judge, they will have to abide by the reclassification until their full challenge of the FCC's ruling gets its day in court, which could take years.
(Score: 3, Interesting) by sjames on Tuesday May 12 2015, @06:18PM
They're doing it with vigor because previous attempts to do it gently have failed. They tried gentle persuasion and were ignored. They tries a more modest push and ended in court where the judge ruled against them but pretty much instructed them to take the current course of action if they want success. So they took the judge's advice (generally a good idea in these situations).
As for potential ulterior motivations, perhaps to give the Democratic party brownie points in the upcoming election?
(Score: 2) by Joe Desertrat on Tuesday May 12 2015, @06:30PM
As for potential ulterior motivations, perhaps to give the Democratic party brownie points in the upcoming election?
Judging by the right's rhetoric about the issue, I cannot see how this will change things.
(Score: 2) by sjames on Tuesday May 12 2015, @10:42PM
It's not for the right, they wouldn't vote Democrat if Hesus was running on their ticket and the GOP was fielding Satan himself.
It's more for the generally moderate that are considering defecting to a 3rd party.