By James Erwin
The Sixth Circuit Court of Appeals has delivered a significant victory for internet freedom by denying a petition to rehear its January 2 net neutrality decision. The original ruling had struck down the Federal Communications Commission’s latest attempt to control the internet.
The court’s decision reaffirms that broadband providers cannot be regulated as Title II common carriers — a key provision the FCC relied on to justify its enhanced regulation of the internet. The court ruled that the “best reading” of the Telecommunications Act defines broadband as an information service, not a utility.
This ruling aligns with the Supreme Court’s Loper Bright decision, which limited federal agencies’ power to interpret ambiguous laws without clear congressional authorization. The court found that the FCC lacked the authority to classify broadband providers as common carriers without explicit approval from Congress.
Digital Liberty strongly supported the Sixth Circuit’s ruling, calling it “a major win for American consumers.” We emphasized that net neutrality regulations would have harmed broadband investment and slowed internet growth. Following the repeal of net neutrality regulations in 2017, Digital Liberty highlighted that “broadband speeds increased by 40 percent the following year alone.” The removal of these heavy-handed regulations encouraged companies to expand network infrastructure and improve service quality. Net neutrality rules threaten to undermine these gains by imposing utility-style regulations on ISPs.
The Sixth Circuit’s decision likely puts the issue to rest for the foreseeable future, unless the Supreme Court agrees to hear an appeal.
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