“Ergo, Fellay, (unlike one of his fellow bishops), must first obtain dispensation from the pope, (since hes now engaged in schism), contrary to section 2 of the canon laws regarding ordination.”
Why would Pope Benedict lift Bishop Fellay’s “excommunication” (first and only excommunication, by the way) if he considered Bishop Fellay to “engaged in schism”?
One, the ban Benedict lifted concerned quite a few more people than Fellay. He couldn’t very well lift it for some and keep others out. So the Pope decided to give them a chance to come back and reconcile.
Fellay’s been given a chance to repent. He has not yet taken it. Until he does, he’ll still be under discipline for his violations of canon law. And he certainly won’t be a priest or have any legitimate authority.
Again, this is just my opinion - Fellay isn’t interested in reconciliation. Eventually he will tire the patience, or say something stupid and get himself excommunicated again.
Perhaps Fellay will surprise me. We shall see.