6th Circuit Decision Probably Signals Net Neutrality's End at FCC: FSF

“Because of Loper Bright’s burial of Chevron deference, there’s a good chance that the ‘net neutrality’ saga, finally, may be over, at least in the courts,” May wrote. “With the impending change in the FCC’s makeup, there’s virtually no chance the agency will seek reconsideration or appeal to the Supreme Court,” he added. Other parties in the litigation “favoring regulating ISPs like public utilities could pursue those avenues, but it’s unlikely they will want to risk a Supreme Court decision affirming the Sixth Circuit decision.” Congress, not the FCC, is “the appropriate forum for the debate regarding adoption of a proper policy framework for broadband providers.” Daniel Lyons, a nonresident senior fellow at the American Enterprise Institute, also praised the 6th Circuit decision. “The court eschewed the easier path of ruling under the Major Questions Doctrine and instead tackled the complex and often contradictory language of the Communications Act,” Lyons wrote in a Thursday blog post. He saw the decision as a win for industry and innovation. The FCC can no longer “impose a one-size-fits-all business model on broadband providers, allowing them to explore innovations like 5G network slicing without fearing regulatory backlash,” he said: ISPs “are no longer at risk of rate regulation and other regulatory requirements that come with Title II classification, a category originally designed to discipline the telephone system.”