FCC Boss: Neutrality Rules Will Survive Supreme Court Challenge

With the FCC's major net neutrality court win now in the rear mirror, FCC boss Tom Wheeler this week stated that mega-ISP chances of getting Supreme Court help on the matter is slim to none. ISPs likely have two options legally moving forward: an en banc appeal before a larger assortment of Judges (which likely won't work since the 2-1 ruling makes it clear the FCC's argument is largely sound). Or an appeal to the currently under-manned Supreme Court, which simply doesn't hear all that many cases.

But should the case actually make the Supreme Court, Wheeler is confident that the ruling will be upheld.

"As (U.S. cable and telecom giants) keep making record profits, it will get harder and harder to argue against it," Wheeler said in an interview with USA Today.

Most major ISPs have been pretty quiet since the ruling, PR departments realizing that fighting against net neutrality is notably unpopular with the public at large. Most telecom trade associations simply stated they were reviewing the court's opinion and considering their next angle of attack. Only AT&T jumped directly to threatening a Supreme Court challenge before the ink on the ruling was dry.

"We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal," AT&T said in a statement.

Few if any telecom lawyers I've spoken to since the ruling believe ISPs have much of a legal shot now getting the rules overturned via en banc or the Supreme Court, given the FCC was effectively following the court's desires. When Verizon successfully sued to demolish the FCC's 2010 rules, the court made it clear the FCC should reclassify ISPs as common carriers before trying to craft new rules. That's exactly what the FCC did.

At some point incumbent ISPs like AT&T, Verizon and Comcast need to ponder whether further stoking the already momentous public disdain for their behavior on this front is worth it.