An Ohio Federal Appeals Court on Friday granted a motion to stay the FCC’s May 2024 decision that once again places broadband connectivity under Title II classification, a decision that gives three arbiters “sufficient opportunity” to consider the merits of the request.
As such, “net neutrality” has been neutered — at least for three weeks. That said, the recent Loper Bright Supreme Court decision could make this fight the first of potentially many against the Rosenworcel Commission.
The U.S. Court of Appeals for the Sixth Circuit’s administrative stay means Chief Judge Jeffrey Sutton and two circuit judges will issue a further ruling on August 5.
And, supplemental briefs are due Friday (7/19) should the parties involved wish to bolster their case in the court. This is being allowed with respect to the application of stare decisis — the legal principle of determining points in litigation according to precedent — and a 2005 Supreme Court decision that upheld Commission rules that classified cable modem service as an unregulated information service, National Cable & Telecom. Assn. v. Brand X Internet Servs.
“Net Neutrality” rules were poised to take effect on July 22. Enter national and regional internet service provider trade associations including NCTA—The Internet and Television Association and USTelecom, who petitioned the Cincinnati-based federal court to put a stop to it.
Newly empowered by the Loper Bright ruling from the conservative majority of the U.S. Supreme Court, the matter brought forth by groups including the Benton Institute for Broadband & Society could be the first to ditch the “Chevron deference” that placed agencies such as the FCC in a position to answer or resolve “ambiguous” matters.
Now, those questions could be answered in a federal court, with Sutton gathering evidence and determining for himself — without deference to experts at the agency — what’s the best ruling.
The August 5 decision would see Sutton decide whether or not a full stay of “net neutrality” rules should be enforced as the case proceeds in his court. If that’s a yes from Sutton, it could be until 2026 before any possibility of the Commission’s “net neutrality” order taking effect.
On X (formerly Twitter), one former FCC Commissioner chimed in on Sutton’s stay of the rules until August 5. “This is big,” says Robert McDowell. “The decision inherently signals the court’s determination of appellants’ likelihood of success on the merits against the FCC.”
