Reply #29: reality check

[onenote]

The Supreme Court could take the case and reverse, but I wouldn't bet on it. In fact, I wouldn't bet on them taking the case. It was a 3-0 decision and there is no split in the circuits. So, while they might take it because of the asserted conflict between what a unanimous court (in a Thomas opinion) said in the Brand X, case, I still think its unlikely.

Legislation in the immediate near term also is unlikely.

What may be most likely is reclassifying Internet service as Title II service. But that will be met with an immediate appeal and runs its own risk since that unanimous court in Brand X agreed with the FCC's previous determination that internet service was NOT a Title II service. Now, the courts allow agencies to change their minds, but they need a good reason and I'm not sure that its a good reason when its simply the predictable fruits of the original determination.

Ultimately, this is going to be worked out as a political compromise with the Comcast, the big phone companies, the consumer groups, google, et al all having a say in the outcome.