Commissioner Copps's statement on the Brand X en banc denial:
"This is a good day for consumers and Internet entrepreneurs. I look forward to the start of a fresh dialogue on broadband service at the FCC."
There are many fingers to point in the Brand X litigation. The 9th Circuit for, well, being the 9th Circuit and being hell bent on reaching a decision proper to an administrative agency (over Judge O'Scannlain's prescient objections). The FCC for, well, being the FCC and ducking this issue without asking for a primary jurisdiction referral. Under Brand X, broadband stands at risk to be regulated according to the prescriptive, onerous legacy title 2 common carriage regime.
That Commissioner Copps celebrates this shows him to have no peer in wanting to regulate. Ugh. Combine that with his walkback on the "negotiate, not litigate" letter and he is a real progressive-era relic. (And I don't even mean that as name-calling. He may indeed appreciate that moniker.)