Official legislative records from Congress

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

Jan 2, 2025, 10:09 PM

On January 2, 2025, the U.S. Court of Appeals for the Sixth Circuit struck down the Federal Communications Commission's (FCC) attempt to reinstate Net Neutrality rules, ruling that the agency lacks the legal authority to impose such regulations. The court's decision cited the Supreme Court's Loper Bright decision, which undermined the Chevron deference and limited agencies' powers to interpret statutes. The court concluded that broadband providers offer only an "information service" and not a "telecommunications service," meaning the FCC cannot regulate them under Title II of the Communications Act. The ruling blocks the Biden administration's effort to treat internet service providers like utilities, which would prevent them from throttling or blocking content or charging more for certain services. The decision is seen as an early policy win for Republicans seeking to reverse Biden-era regulations. Figures such as FCC Commissioner Brendan Carr and former FCC Chairman Ajit Pai praised the ruling, viewing it as a victory against regulatory overreach. Critics expressed concern that the decision would strip away critical consumer protections and could lead to increased control of internet traffic by service providers, potentially harming consumers and benefiting large corporations. The appeals court's application of the Loper Bright ruling marks a significant moment in the ongoing debate over the extent of federal agencies' regulatory authority.