FCC Lawyers Wary of Defending Further Broadband Reclassifications
FCC attorneys hailed a ruling upholding the net neutrality order but weren't keen about the possibility they may have to defend further broadband reclassifications under the Communications Act if there's a change in agency leadership. "It was a great victory…
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that we hope will last a good long time and won't be subject to further [court] review," said FCC Associate General Counsel Jacob Lewis at an FCBA seminar Thursday. The U.S. Court of Appeals for the D.C. Circuit recently upheld net neutrality rules and reclassification of broadband internet access service as a Title II telecom service (see 1606140023). Asked about the possibility a Republican-run FCC could again reclassify broadband and return to the Title I information service classification, Lewis called it "an interesting question" and said the agency faces some additional burden when it changes its mind. Initial service classification decisions are easier, as reclassification decisions have to deal with "more water under the bridge," he said. Deputy Associate General Counsel Richard Welch said FCC attorneys were "comfortable litigating" one FCC broadband change of mind, but he suggested additional reclassifications could create more difficulties. Lewis added, "Hopefully, we don't change our minds so often" that courts review "our ability to change our mind."