ISPs Tell Court Congress Should Pass Net Neutrality, Not FCC

CINCINNATI—The U.S. Sixth Circuit Court of Appeals heard from suing internet service providers that the Federal Communications Commission (FCC) was out of its depth when it chose to reclassify broadband as a telecommunications service to reimpose net neutrality rules, Law360.com reports. Rather, the internet service providers (ISPs) said that net neutrality should be implemented as an act of Congress. And Congress never intended for net neutrality to be read so broadly, according to the ISPs. In an opening brief filed early this week, trade groups like USTelecom and CTIA lauded the panel's August 1, 2024, ruling that temporarily blocked enforcement of the net neutrality rules that were scheduled to enter force earlier this month. The panel in that ruling let it slip that the ISPs are likely to win in any case seeking to bar the FCC's net neutrality rules because of recent U.S. Supreme Court rulings. AVN has reported extensively on net neutrality, including efforts to repeal and reinstate rules that block broadband firms from throttling internet speeds. Net neutrality eliminates "throttling" on websites that have controversial speech, like porn, and are subject to the whims of internet service providers. "Because the standard is so open-ended, ISPs will have to spend significant resources analyzing existing business practices and new offerings for compliance—placing particular burdens on small providers," argue the broadband industry plaintiffs that have collectively sued the FCC. "The specter of enforcement will inhibit innovation and undercut incentives for broadband investment. The commission effectively ignored these costs." The U.S. Judicial Panel on Multidistrict Litigation designated the Sixth Circuit as the appropriate legal venue for consolidating several cases brought by broadband industry groups and ISPs. The panel consolidated eight cases into a single proceeding with extremely broad implications for these cases. “The American public wants an internet that is fast, open, and fair," said FCC chair Jessica Rosenworcel after the Sixth Circuit blocked net neutrality rules. "Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality." Adult entertainment industry trade group the Free Speech Coalition has previously supported net neutrality. U.S. Sens. Marsha Blackburn, R-Tenn., and Ted Cruz, R-Texas, also introduced a resolution recently in the Democratic-controlled U.S. Senate to kill the Federal Communications Commission's (FCC) order that reinstated net neutrality. The joint resolution was filed under the Congressional Review Act (CRA) in a bid to nullify the net neutrality rules officially adopted in April and slated to have entered force August 5. Under the CRA, the Senate and House of Representatives are given stronger oversight to review the rules and regulations adopted by federal regulatory agencies, like the FCC.