The U.S. Court of Appeals for the 6th Circuit ruled against the Federal Communications Commission's (FCC) 2024 Net Neutrality rulemaking, which sought to empower the agency to protect internet users from abuse by broadband providers. The court classified broadband internet access as a Title I “information service,” rejecting the FCC’s argument for Title II classification.
On Thursday, a three-judge panel for the U.S. Court of Appeals for the 6th Circuit ruled against the Federal Communications Commission's 2024 Net Neutrality rulemaking, which empowered the agency to protect internet users against all manner of abuse by major broadband internet access providers like AT&T, Comcast and Verizon. In April, the FCC reinstated its Title II authority over broadband-internet access.
This authority empowers the agency to hold powerful telecommunications companies accountable for providing service on just, reasonable and nondiscriminatory terms to internet users throughout the United States. It also serves as the basis for the FCC’s Net Neutrality rules, which prohibit those companies from blocking, slowing down, or charging extra for the internet content and applications their broadband customers choose. In September, Free Press filed a brief in the case supporting the FCC's April ruling. The brief — filed jointly with the Benton Institute, the National Association of Regulatory Utility Commissioners, the Open Technology Institute and Public Knowledge — focused on the legal precedent and economic analysis supporting the Commission’s decision, showing the wisdom of and the need for the FCC’s jurisdiction over the essential telecommunications platform of our time.The 6th Circuit ruled nevertheless that broadband internet access service should be classified as a Title I “information service” under the Communications Act. The court rejected the Biden FCC’s argument that broadband should be classified as a “telecommunications service,” subject to the FCC’s mandates and authority in Title II of the Act to ensure service on an equitable and nondiscriminatory basis. Free Press Vice President of Policy and General Counsel Matt Wood said:“Beyond being a disappointing outcome, today’s 6th Circuit opinion is just plainly wrong at every level of analysi
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