On January 2, 2025, the 6th U.S. Circuit Court of Appeals ruled against the FCC's 2024 "Safeguarding and Securing the Open Internet Order," which aimed to restore net neutrality regulations initially established in 2015. The court determined that broadband internet service providers cannot be classified as "telecommunications services" under Title II of the Communications Act, which is essential for enforcing net neutrality.
The ruling follows a significant legal shift after the U.S. Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine. This change has removed judicial deference to agency interpretations of ambiguous statutes.
The three-judge panel stated that the FCC's attempt to regulate broadband providers was based on a misclassification, asserting that these providers only offer "information services." This decision has sparked varied reactions, with proponents of net neutrality expressing disappointment and opponents, including Evan Swarztrauber of Ax Advocacy, celebrating the outcome.
The net neutrality debate has been contentious for over a decade, with the classification of broadband providers shifting between administrations. The Obama administration's FCC classified these providers as Title II services in 2015, but this was reversed by the Trump administration in 2017. The Biden administration's efforts to reinstate net neutrality through the FCC have now been blocked by this recent court ruling.