WASHINGTON—In response to the decision by the United States Court of Appeals for the District of Columbia Circuit not to grant a stay of the Federal Communications Commission’s Open Internet Order, Doug Brake, telecom policy analyst at the Information Technology and Innovation Foundation (ITIF), releases the following statement:
The DC Circuit Court of Appeals decision not to stay the FCC’s Open Internet Order is disappointing, but not surprising. The bar to stay an administrative order is quite high; it requires a showing of irreparable harm and a likelihood of success on the merits. Today’s decision is not a good signal for whether the appeal will be won or lost, only that it isn’t a slam dunk. Uncertainty continues to reign. Congress would do well to step in with an independent grant of authority to provide the FCC the tools it needs to ensure an open Internet without resorting to the outmoded regulations of Title II.