D.C. Circuit Denies Petitions to Rehear Net Neutrality Case

The U.S. Court of Appeals for the D.C. Circuit won’t reconsider its decision to uphold the Federal Communications Commission’s repeal of Obama-era net neutrality rules.

The court on Thursday rejected separate petitions by tech companies, public interest groups, and other entities that sought a rehearing of the case.

The court’s refusal to rehear the case is a win for FCC Chairman Ajit Pai and internet service providers who characterized the Obama-era rules as a regulatory burden that stifled investment in their networks.

A three-judge panel in October upheld most of the agency’s repeal order, including requirements that service providers such as Comcast Corp. treat all internet traffic equally without giving preference to certain content. The panel struck down a section of the FCC order that sought to prevent states from enacting their own net neutrality laws.

Supporters of the Obama-era rules, including tech companies like Mozilla Corp. and the open internet nonprofit Public Knowledge, say the repeal allows service providers to favor their own content and charge competitors to get faster access.

Both the full court and the three-judge panel have denied petitions to rehear the case.

The case is Mozilla Corp. v. FCC, D.C. Cir., Denying rehearing en banc 2/6/20