Sixth Circuit Hears Oral Arguments in Net Neutrality Case

CINCINNATI—A panel of three judges for the U.S. Sixth Circuit Court of Appeals appeared skeptical of the Federal Communications Commission's arguments to keep its net neutrality regulations in place after scores of internet service providers and broadband companies of various sizes sued to block the rules from being enforced. The Federal Communications Commission (FCC) reinstated the Obama-era net neutrality rules under Title II, which grants the regulatory agency purview to regulate rates for broadband and other telecommunications services. It ultimately makes internet service provided by companies like Comcast, Verizon or AT&T Fiber telecom utilities. During a hearing on Halloween, the court was unconvinced that the FCC had the authority to legislate through regulatory action. This is the same court that blocked the enforcement of net neutrality rules back in August pending the outcome of the litigation. A panel of the court also wrote that the plaintiffs "were likely to succeed on the merits" of the case because the regulation constituted a question that Congress should decide.  "Net neutrality is likely a major question requiring clear congressional authorization," the court previously wrote.   "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 in other filings from before. "The specter of enforcement will inhibit innovation and undercut incentives for broadband investment. The commission effectively ignored these costs." This is what Jeff Wall, an attorney for the broadband plaintiffs, explained to the Sixth Circuit during oral arguments. The FCC "claims authority that for decades no one thought it had and that Congress has consistently refused to give it," explained Wall. “It’s about unlocking a suite of government powers to take an industry that has historically been unregulated by the federal government ... taking it into a world of heavy-handed regulation that will extend far beyond net neutrality," argued Wall, via additional coverage by The Verge. "It will extend to everything about the internet.”  AVN has covered the net neutrality case before the Sixth Circuit extensively, including the reinstatement of the rules earlier this year. Adult entertainment industry stakeholders, including the Free Speech Coalition, have previously advocated for net neutrality alongside major digitally-native companies like streaming giant Netflix. In a previous report, AVN covered how streaming companies rely on net neutrality for equitable delivery of video and audio content to their customers. Two tech industry trade organizations representing digitally-native companies filed an amicus brief. The groups are Engine Advocacy and INCOMPAS. Engine Advocacy represents startup companies while INCOPMAS represents companies like Amazon, Dish Network, Meta Platforms, Google and Microsoft.