Net Neutrality

Updated July 15, 2024.  Originally posted July 11, 2024.

On July 8, 2024, the Federal Communications Commission (FCC) and a group of Internet Service Providers, represented by national and regional trade associations, filed supplemental briefs with the U.S. Court of Appeals for the Sixth Circuit in In re MCP NO. 185. On July 15, the Sixth Circuit granted an administrative stay until August 15, 2024 “[t]o provide sufficient opportunity to consider the merits of the motion.”

The Sixth Circuit is considering challenges to the FCC’s Safeguarding and Securing the Open Internet Order (Open Internet Order), which reclassified broadband Internet access service as a telecommunications service under Title II of the Communications Act of 1934, as amended.  The Order was scheduled to take effect on July 22, 2024, but the ISP representatives asked for a stay.  The Sixth Circuit requested that the parties address the implications of the Supreme Court’s decision to overturn the Chevron Doctrine in Loper Bright Enterprises v. Raimondo for the petitioners’ motion to stay enforcement.Continue Reading Industry Groups and FCC File Briefs in Net Neutrality Case Following Loper Bright

On April 4, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel released a draft of the agency’s long-anticipated Safeguarding and Securing the Open Internet Order (Open Internet Order), which would reclassify broadband Internet access service as a telecommunications service under Title II of the Communications Act of 1934, as amended.  The FCC is expected to consider and vote on the draft at its next Open Commission Meeting scheduled for April 25, 2024.  The FCC is expected to adopt the Open Internet Order now that Democrats hold a 3-2 majority at the agency.Continue Reading FCC Shares Draft Open Internet Order Ahead of April Meeting

In remarks yesterday at the National Press Club, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced that she will ask her fellow Commissioners to begin a rulemaking to re-assert the FCC’s authority over broadband and at the same time adopt new net neutrality rules.  With Democrats now holding a majority of the FCC’s five seats, it is widely expected that the agency will formally vote to begin the process of adopting these new rules at its next monthly meeting on October 19.  The Chairwoman’s announcement represents the latest phase in a longstanding public policy debate over the respective rights and responsibilities of Internet Service Providers (ISPs) that provide mobile and fixed/residential broadband to the public.   Continue Reading FCC Chair Announces New Plans for Broadband Oversight and Net Neutrality