Sixth Circuit shoots down FCC's net-neutrality rules

The Sixth Circuit has struck down the FCC's network neutrality rules, arguing in part that broadband is an 'information' service and that the Commission lacks the authority to impose the rules.

Jeff Baumgartner, Light Reading

January 6, 2025

2 Min Read
Source: Rawf8/Alamy Stock Photo

The US Court of Appeals for the Sixth Circuit kicked off the new year by officially striking down the FCC's network neutrality rules, finding that broadband, including broadband delivered via mobile networks, is classified as an "information" service rather than a more heavily regulated "telecommunications" service. That important distinction means the FCC lacks the authority to impose the current set of rules, the court's three-judge panel found.

The ruling arrives about six months after the Sixth Circuit stayed the FCC's network neutrality rules, under current Chairwoman Jessica Rosenworcel, which aimed to resurrect broadband under a more heavily regulated Title II/telecommunications service classification. The FCC, under Rosenworcel, passed the current set of net neutrality rules in April 2024.

"Using 'the traditional tools of statutory construction' … we hold that Broadband Internet Service Providers offer only an 'information service' … and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the 'telecommunications service' provision of the Communications Act," the Sixth Circuit said in its ruling.

The Sixth Circuit added that the Communications Act, likewise, prevents the FCC from imposing similar net-neutrality restrictions on mobile broadband services.

"[W]e conclude that Broadband Internet Service Providers at the very least offer consumers the 'capability' of 'retrieving' 'information via telecommunications'," the Sixth Circuit explained. "Accordingly, the FCC's contrary conclusion is unlawful."

The decision is another blow to an FCC that had fought for the rules to be reinstated under Rosenworcel and the outgoing Biden administration. The decision is a win for broadband service providers along with several organizations, including ACA Connects, CTIA, NCTA and USTelecom, that had argued against the rules, holding that the market has been thriving under a "light-touch regulatory framework."

Deregulatory shift

The Sixth Circuit ruling arrives ahead of the coming January 20 departure of current Chairwoman Rosenworcel, who was appointed by the Biden administration. Brendan Carr, a Republican Commissioner, was nominated to become the FCC's new chairman under the incoming Trump administration.

In a statement about the Sixth Circuit Court's decision, Rosenworcel said the onus is now on Congress to "take up the charge for net neutrality, and put open internet principles in federal law."

However, the ruling is likely just the start of a larger wave of deregulatory shifts that's expected to occur in 2025 and beyond with the new Trump administration.

To read the complete article, visit Light Reading.

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