The U.S. Court of Appeals for the D.C. Circuit heard oral arguments in the latest Net Neutrality December 4, and attorneys with the Federal Communications Commission are saying they are optimistic the rules will be upheld this time. “The argument started off in a way that we took to be quite hopeful,” said attorney Kevin Russell, who is representing consumer advocacy groups and other interveners who support the FCC’s rules. Indeed, opposing attorneys, in their first statement, seem to agree that consumers access the internet over radio waves, where the FCC has jurisdiction to enforce rules.

Click here to listen to audio of the beginning of oral arguments.

The court is not expected to rule on the case for months, and may hinge on whether Internet providers are delivering “telecommunications services,” or the more lightly regulated “information services.” Appeals Court Judge David Tatel previously wrote the appeals court decision in January 2014 that threw out the FCC’s previous net neutrality rules.