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Don't Hit Net Neutrality Panic Button After Oral Argument, Levin Writes Investors

The FCC is "more likely than not to lose the Net Neutrality case," but don't panic, New Street's Blair Levin wrote investors after Friday oral argument (see 1902010046). Although "far below" probable, "the most likely outcome" is U.S. Court of…

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Appeals for the D.C. Circuit Judge Robert Wilkins joins Patricia Millett "in a narrow decision overturning the FCC on [Section] 257 or Public Safety grounds, rather than reaching" broader Communications Act broadband classification, wrote Levin. "This could result in the court remanding the issue to the FCC, rather than a substantive decision on Title 1 or Title 2." The analyst suspects the panel won't decide the FCC pre-emption of state and local broadband authority, perhaps "the most important issue for investors."