6th Circuit Rejects FCC Net Neutrality Rules
By
| January 2, 2025
The U.S. Court of Appeals for the Sixth Circuit invalidated the Federal Communications Commission’s (FCC) 2024 net neutrality regulations, which had reclassified broadband internet as a Title II telecommunications service to enforce rules preventing internet service providers (ISPs) from blocking or throttling content. The court determined that the FCC lacked the statutory authority to impose such regulations, emphasizing that broadband services should be classified as Title I information services, thereby limiting the FCC’s regulatory reach.
“Applying Loper Bright means we can end the FCC’s vacillations,”
This ruling was significantly influenced by the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference doctrine. Previously, Chevron deference allowed courts to defer to federal agencies’ interpretations of ambiguous statutes within their jurisdiction. In this context, the Sixth Circuit conducted its own analysis of the Communications Act and concluded that the FCC overstepped its authority in reclassifying broadband services, leading to the invalidation of the net neutrality rules.
