ISPs Take FCC to Court Over Net Neutrality Rules

Net neutrality

ISPs also filed a petition on Friday asking the FCC to keep net neutrality rules in place until June 7

WASHINGTON, May 31, 2024 – Trade associations representing major internet service providers sued the Federal Communications Commission this week in an effort to block net neutrality rules adopted in April.

The cases were brought before several appellate bodies, including the Fifth Circuit, the Sixth Circuit, the Eleventh Circuit, and the D.C. Circuit. Ultimately, one court will be selected by lot.

On Friday, in a similar move, many of the same industry groups filed a petition asking the FCC to uphold net neutrality rules, arguing that the agency acted unlawfully under a 2022 Supreme Court decision limiting the regulatory discretion of administrative agencies.

The FCC regulations are scheduled to go into effect on July 22. The stay request asked the FCC to issue a ruling by June 7 to give the court time to issue a stay before July 22.

The pending lawsuits against the FCC were discussed in a footnote in Friday’s stop petition.

The petition to remain was filed by: NCTA – The Internet & Television Association, USTelecom – The Broadband Association, CTIA – The Wireless Association, ACA Connects – America’s Communications Association, WISPA – The Association for Broadband Without Boundaries and the Missouri State Broadband Association in Florida and Ohio.

In the petition, ISP trade groups argued that the FCC violated the Supreme Court’s 2022 Principal Questions Doctrine, which requires the agency to obtain express authorization from Congress to adopt rules of enormous economic and political importance.

The petition states that Congress has never expressly authorized the FCC to adopt net neutrality rules. She added that the regulations have broad economic implications.

“The Telecommunications (Telecommunications) Act of 1996 does not provide clear authority for Congress to issue a (net neutrality) order,” the stop petition said. “The economic and political significance of the authority claimed by the FCC is astonishing by any measure.”

FCC Chair Jessica Rosenworcel said the D.C. Circuit upheld the 2015 net neutrality rules and that the Supreme Court gave the agency the green light to classify broadband in 2005. Mark X thing.

In the net neutrality rules, the FCC stated that the Leading Questions Doctrine should not apply.

“We do not believe that the Doctrine of Leading Questions applies at all in this context. First, we are simply following the best reading of the Communications Act, as evidenced by the plain text, structure and historical context of the Act; “there is no reason to respect an interpretation that is not the most natural reading of the statute,” the FCC said.