By Free Republic | Created at 2025-01-02 22:22:19 | Updated at 2025-01-05 04:19:36
2 days ago
U.S. Appeals Court Strikes Down FCC’s Net Neutrality Rules
TVTechnology ^ | 1/2/25 | George Winslow
Posted on 01/02/2025 2:10:06 PM PST by CFW
In a major victory for cable companies and telcos that raises concerns about the Federal Communications Commission's regulatory authority in the wake of recent U.S. Supreme Court rulings, the 6th U.S. Circuit Court of Appeals has struck down the agency’s net neutrality rules.
The rules require broadband operators to treat all internet traffic equally and banned them from giving preferential treatment to some sites by speeding up or slowing down consumer access.
The FCC had implemented net neutrality rules under former President Barack Obama, which were then dropped during the Trump administration. Last April the FCC voted 3-2, along party lines, to reinstate the rules in its "Safeguarding and Securing the Open Internet Order.” Industry groups then sued the FCC to block their implementation.
[snip]
“[U]nlike past challenges that the D.C. Circuit considered under Chevron, we no longer afford deference to the FCC's reading of the statute. Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244, 2266 (2024) (overruling Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984) ) … Using ‘the traditional tools of statutory construction,’ id., we hold that Broadband Internet Service Providers offer only an ‘information service’ under 47 U.S.C. § 153(24), and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service'’ provision of the Communications Act, id. § 153(51). Nor does the Act permit the FCC to classify mobile broadband—a subset of broadband Internet services—as a ‘commercial mobile service’ under Title III of the Act (and then similarly impose net-neutrality restrictions on those services). Id. § 332(c)(1)(A). We therefore grant the petitions for review and set aside the FCC's Safeguarding Order.”
(Excerpt) Read more at tvtechnology.com ...
TOPICS: Business/Economy; Constitution/Conservatism; Front Page News; Government
KEYWORDS: chevrondoctrine; fcc; netneutrality; sixthcircuit; speech
Click here: to donate by Credit Card
Or here: to donate by PayPal
Or by mail to: Free Republic, LLC - PO Box 9771 - Fresno, CA 93794
Thank you very much and God bless you.
Good news from the Sixth Circuit. This shows the importance of the cases last term which practically overturned the Chevron doctrine.
1 posted on 01/02/2025 2:10:06 PM PST by CFW
To: CFW
“Net Neutrality” sounds like an Internet version of the broadcast media “Fairness Doctrine” that kept conservative voices off the air for decades.
2 posted on 01/02/2025 2:18:15 PM PST by E. Pluribus Unum (The worst thing about censorship is █████ ██ ████ ████ ████ █ ███████ ████. FJB.)
To: CFW
Great news if you want your internet provider to have more power over what you access on the internet.
3 posted on 01/02/2025 2:18:52 PM PST by JSM_Liberty
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson
