Time Warner Cable

The D.C. Circuit Court of Appeals 3-0 decision to overturn the FCC in Comcast v. FCC/Tennis Channel spells more trouble for the ultimate legality of the FCC’s Open Internet Order. That decision spotlights that three additional D.C. Circuit Appeals Court’s judges do not agree with the FCC’s reading of the law and the facts concerning lawful network discrimination.

On the margin, this new decision should make Verizon more confident and the FCC less confident in the outcome of Verizon v. FCC.

Overall, I believe Verizon remains more likely than not to prevail in its challenge of the FCC net neutrality regulations in the FCC’s Open Internet Order, because Verizon only needs to prevail with one of its many strong arguments while the FCC must win on all of them.

How is this latest D.C. Circuit decision relevant to the FCC Open Internet order case?

What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?

I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.

If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.

Please see my latest Daily Caller op-ed: "America's private video market success" here.

• It debunks Free Press' diatribe against cable to try and promote net neutrality regulation and a ban on usage-based broadband pricing.
• It is Part 16 of my broadband Internet pricing freedom research series.  

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Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.

• It debunks net neutrality criticism of a reported potential ESPN-wireless pricing experiment.
• It is also Part 15 of my Broadband Internet Pricing Freedom research series.

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Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

Please read my latest Daily Caller Op-ed: "The FCC Transition?" -- here.

Kudos to Robert Litan and Hal Singer for the clarity-of-thought and free market policy wisdom in their new book: “The Need for Speed: A New Framework for Telecommunications Policy for the 21^st Century.” Here is the link to the book at Amazon.

As Professor Crawford continues her book tour advocating for a broadband utopia of an ultra-fast, government-subsidized, public-utility-regulated, broadband network with net neutrality, the supposed-facts undergirding her proposal, are crumbling away.

Please see my Daily Caller op-ed "Why Europe is Falling Behind America in Broadband" -- here.

• It's Part 3 of Modernization Consensus Series.

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Modernization Consensus Series

(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)

Today National Public Radio's Diane Rehm Show featured a lively and informative discussion of "The FCC's Proposal for a Free Nationwide Wireless Network" -- based on the Washington Post's top story Monday on the topic of the FCC's "super WiFi" plans.

• The podcast is -- here.

Diane Rehm's guests were:

• Professor Susan Crawford;
• Bloomberg's Todd Shields; and
• Me.

I believe it was a very helpful and informative discussion because it corrected much of the confusion prompted by the Washington Post's cryptic and inaccurate article on the FCC's plans for "Super-WiFi."

It also provided an excellent and appropriate forum to systematically challenge and counter Professor Crawford's selective use of facts in her advocacy that broadband should be regulated like a public utility.

Please read my latest Daily Caller Op-ed: "Developing Fundamental Consensus for the IP Transition" -- here." Importantly, it builds upon Public Knowledge's "Five Fundamentals" framework in its PSTN comments to the FCC.

• It's part 2 of the Modernization Consensus Research Series.

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Modernization Consensus Series