I thought that this was an interesting opinion because the FCC ended up losing in the Third Circuit based on a failure to follow something called the Administrative Procedures Act. I saw the link to this opinion at TechDirt who criticized the opinion. The authors there tend to favor the free-market and do not appear to be trained in the law. Otherwise I think they would have reflected upon and understood the importance of following these procedural regulations. The authors of a statute always have reasoning behind it and here I believe the authors wanted to allow the public time to have input on the rules promulgated by the government. It’s not an unreasonable demand and the FCC’s counsel should have been aware of it.