The DC Circuit upheld the 2015 order and denied review, citing the 2005 Supreme Court precedent. The main argument against it is that switching to Title I and fundamentally reshaping the home broadband market wasn't a major policy change, but bringing back Title II and enforcing long-standing principles was.

The challenges to the 2017 reclassification are about whether the FCC justified the change and followed the required procedures, not whether it has the authority.