A federal court today refused the broadband industry’s request to delay implementation of a key part of the Federal Communications Commission’s net neutrality order.
The full order will thus take effect tomorrow on schedule, unless Republicans in Congress somehow are able to stop it within the next few hours.
Trade groups representing cable companies, telcos, and wireless carriers had petitioned for a stay of the FCC’s decision to reclassify the providers as common carriers under Title II of the Communications Act. The stay, if granted, would have left in place basic net neutrality rules that forbid blocking or discrimination against traffic. But it would have halted the reclassification and related rules governing Internet providers’ behavior until the trade groups’ appeal of the order is decided.
The Internet providers “have not satisfied the stringent requirements for a stay pending court review,” the US Court of Appeals for the District of Columbia Circuit said in its ruling today.
The court did approve the providers’ request to expedite the case, however. “The parties are directed to file a proposed briefing format and schedule within 14 days of the date of this order,” the decision said.
FCC Chairman Tom Wheeler called today’s decision “a huge victory for Internet consumers and innovators. Starting Friday, there will be a referee on the field to keep the Internet fast, fair and open,” he said in a statement issued to media. “Blocking, throttling, pay-for-priority fast lanes and other efforts to come between consumers and the Internet are now things of the past. The rules also give broadband providers the certainty and economic incentive to build fast and competitive broadband networks.”