Sixth Circuit Strikes Down FCC's Net Neutrality Rules, Citing Lack of Authority After Loper Bright Decision

Jan 2, 2025, 05:53 PM

On January 2, 2025, the U.S. Sixth Circuit Court of Appeals in Cincinnati struck down the Federal Communications Commission's reinstated net neutrality rules, delivering a blow to the Biden administration's efforts to regulate internet service providers. The three-judge panel ruled that the FCC lacks statutory authority to impose such regulations, citing the Supreme Court's recent Loper Bright decision, which overturned the Chevron deference doctrine. The net neutrality rules, also known as the Open Internet Order, were designed to prevent broadband providers from manipulating internet speeds based on websites. The court determined that broadband should be classified as an 'information service' rather than a 'telecommunications service,' and therefore the FCC cannot enforce net neutrality under Title II of the Communications Act. Notably, the court did not engage the Major Questions Doctrine in its decision. Incoming FCC Chairman Brendan Carr, who opposed the 2024 reinstatement of net neutrality rules, welcomed the ruling, stating it was a victory against expanding government control of the internet. Former FCC Chairman Ajit Pai also praised the decision, reiterating his longstanding view that net neutrality regulations are unlawful. The ruling effectively ends the net neutrality fight for the foreseeable future.