fcc commissioner michael o'rielly on "after the bell" 4:00 eastern time. >> michael o'rielly is one of two pubs. they balance it three of one party and two of the other party. michael o'rielly is one of the dissenters. is very focused about the -- >> are they going to lose or win? >> they won today. 3-2 vote in the favor of the new rules. >> it is over. >> not over at all by a long shot. last two times they tried to do they lost in the courts. they may lose again in the courts. melissa: apple sending out a coy invitation for spring forward event on march 9th where many suspect the apple watch will -- get it time spring forward. see what i did. already a centerfold. "vogue" featuring a 12-page ad for apple's newest accessory. look at that very sleek and very lovely. big ad in "vogue" which charlie reads all the time. charlie never gets dressed without looking at "vogue." magazine ad rate $189,888. >> for one ad. melissa: for one ad. >> full page? my company might -- melissa: single ad can fetch almost $200,000 for little apple watch. what do we think? >> don't they have plenty of money

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anyone have this proposal besides chairman wheeler, jessica rosenworcel, mignon clyburn with, michael o'rielly and ajit pai? >> guest: well, staff do. >> host: right but -- >> guest: outside of the agency? no. >> host: and when will it become public so that a gautham nagesh can report on it or the public can read it? >> guest: it will become public after february 26th. >> host: what happens on february 26th? >> guest: february 26th we will take a vote and we need two other commissioners to vote for this proposal. >> host: and do you think that mignon clyburn and jessica rosenworcel will vote for it? >> guest: i can't speak for them. >> host: what about the fact that the house of representatives and the senate have each held hearings already on net neutrality and that mr. thune and mr. upton are looking at developing bills that would, essentially make this proposal inwon sequential? >> guest: so the fcc as you know, is a creature of congress. they write our laws. they wrote the telecommunications act of 996 and the communications act of 1934. it is their prerogative to legislate. and that is wh