Tatel's decision gives the FCC broad leeway to create new rules, agreed Pantelis Michalopoulos, a Steptoe and Johnson lawyer who argued for the net neutrality rules at the appeals court on behalf of several digital rights groups. The agency "has wide room short of reclassification," he said.
It's important that the appeals court ruled that the FCC has jurisdiction over broadband and was reasonable in trying to create rules for broadband providers' treatment of traffic, he said. The agency could, for example, establish a basic level of guaranteed service for broadband customers, or define a reasonable level of service, he said.
"There is room for the FCC to make rules that comply with the direction of the court," he added.
Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's email address is email@example.com.