Judges should quickly dismiss the attempt by net neutrality opponents to put a pause on the FCC's new rules the agency said in a brief to the court. The FCC is facing a lot of legal challenges to its new net neutrality rules from ISPs, and those challengers want to pause implementing the rules while the cases work their way through court. The FCC predictably disagreed, but the agency and its opponents do both think the U.S. Court of Appeals for D.C. should decide the issue quickly.
"Although petitioners have not met the standard for a stay, we believe that the public would be served by the Court’s expedited consideration of this case," The FCC said in the brief.
The question is whether the groups arguing against the new rules are right in saying that it is so obvious they will win that the rules should be put on hold because they will inevitably vanish. The FCC, especially Chairman Tom Wheeler, have repeatedly made it clear they feel certain of ultimately winning. How the court decides on pausing the the rules may involve what it thinks of the chances for them.
"The decision to reclassify broadband as offering a telecommunications service is consistent with the marketplace today and necessary to fulfill the goals of an open Internet," the FCC wrote. "Petitioners’ stay motion is not what it seems."
The rules go into effect in just a few weeks, so the court has to decide quickly regardless. In light of the briefs it has received, the court has ordered another round of responses from both sides by next Thursday. At that point, it will likely make its ruling, one way or another.
