Oral arguments in the case against Ajit Pai’s net neutrality repeal are scheduled for Friday morning, and net neutrality advocates are confident that they will be victorious.
The groups that sued the Federal Communications Commission to reverse the repeal argue that Pai offered insufficient legal justification for deregulating the broadband industry.
The Obama-era net neutrality rules, which were upheld in court in 2016, relied on the FCC’s Title II authority over telecommunications services. When it eliminated the net neutrality rules, Pai’s FCC argued that broadband is not a telecommunications service and that it should be treated instead as a lightly regulated information service.
Courts generally give deference to FCC classifications, so Pai’s opponents will have the burden of proving that the FCC’s reasoning wasn’t legally sound.
“We are confident the court will vacate the FCC’s decision and we look forward to Friday’s oral arguments,” said Chris Lewis, vice president of advocacy group Public Knowledge, one of dozens of petitioners seeking to overturn the repeal.
More on the fiasco of Ajit Pai’s net neutrality mess at ARS Technica