The D.C. Circuit ruled that the Federal Communications Commission did not have the authority to promulgate its “Open Internet Order,” which requires broadband service providers to treat all Internet traffic equally (or, in other words, to abide by the principle of “net neutrality”).  Although the court found that the FCC has the statutory authority to regulate in the area, it held that the Order’s anti-discrimination and anti-blocking requirements effectively impose common carrier obligations on broadband providers, which the Communications Act forbade in light of the FCC’s own prior determination that broadband providers were not “telecommunications services.”  Accordingly, the court vacated these parts of the Order.  However, the court upheld the Order’s disclosure requirement, which requires both fixed and mobile broadband providers to “publicly disclose accurate information regarding the[ir] network management practices, performance, and commercial terms.”  The big question now is whether the FCC seeks en banc or Supreme Court review, decides to reclassify broadband providers as telecommunications services, or seeks legislation allowing it to impose net neutrality on some other basis.