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Sixth Circuit Strikes Down FCC's Net Neutrality Rules, Citing Loper Bright Decision

Jan 2, 2025, 07:50 PM

On January 2, 2025, the Sixth Circuit Court of Appeals struck down the Federal Communications Commission's (FCC) net neutrality rules, known as the Open Internet Order, ruling that the agency lacks the statutory authority to impose such regulations. The decision effectively ends a two-decade effort to regulate broadband internet providers like utilities. The court concluded that broadband internet service is classified as an 'information service' and not a 'telecommunications service,' thereby limiting the FCC's ability to enforce open internet policies under Title II of the Communications Act. The ruling cited the recent Supreme Court decision in Loper Bright Enterprises v. Raimondo, which narrowed the scope of agency deference under the Chevron doctrine. The court did not engage the Major Questions Doctrine in its analysis. This decision is a significant setback for the Biden administration's efforts to reinstate net neutrality regulations that prevent broadband providers from blocking or throttling internet content based on websites or services. Incoming FCC Chairman Brendan Carr praised the ruling, calling it a win against regulatory overreach, while former FCC Chairman Ajit Pai reaffirmed his opposition to net neutrality, stating that such regulations are unlawful and unnecessary. Senator Ted Cruz applauded the decision, describing it as a great day for American consumers and the rule of law.