Reaction of the FCC’s commissioners to Tuesday’s D.C. Circuit ruling was as divided as the agency’s 3-2 vote on the 2008 order that was the subject of Comcast’s successful appeal. Both FCC Republicans voiced support for the court’s decision, while two of the agency’s three Democrats urged renewed efforts toward the adoption of rules that would mandate net neutrality and/or Title II regulation of broadband services. That call for action was also seized upon by Democrats in Congress who promised to push through pending legislation that, in the words of Representative Ed Markey (D-MA), “provide[s] the Commission any additional authority it may need to ensure the openness of the Internet for consumers, innovators, and investors.” Although FCC Chairman Julius Genachowski declined official comment, all four of his colleagues issued written responses to Tuesday’s appellate decision. Lamenting the court’s order as “a blow to all Americans who rely on an open Internet,” Commissioner Michael Copps declared: “the only way the Commission can make lemonade out of this lemon of a decision is to . . . treat broadband as the telecommunications service that it is.” Copps’ Democratic colleague, Commissioner Mignon Clyburn, hinted at agreement as she asserted: “we now have the kind of guidance that will enable us to develop the most effective and legally sound rules . . . to preserve Internet openness.” In contrast, Republican Commissioner Meredith Baker said she was pleased with the decision, while Commissioner Robert McDowell—a dissenter against the 2008 order—voiced hope that the decision “will provide certainty in the marketplace and will not lead to the unnecessary classification of broadband service as a monopoly phone service under Title II of the [Communications] Act.” That sentiment was echoed by key Republicans in Congress such as Representative Fred Upton (R-MI), who told reporters: “I . . . hope that the court’s decision will not lead the FCC down the misguided path of attempting to regulate broadband providers under Title II.” As Senator Kay Bailey Hutchison (R-TX) called on Genachowski to “reconsider his decision to pursue expanded Commission authority over broadband services in current proceedings before the agency,” Markey—a co-sponsor of the pending Internet Freedom Preservation Act (HR-3458) with Reps. Anna Eshoo (DCA) and Henry Waxman (D-CA)—encouraged the FCC to “take any actions necessary to ensure that consumers and competition are protected.”