6th Circuit Stays FCC Net Neutrality Order, Sets Oral Argument for the Fall
A three-judge panel in the 6th U.S. Circuit Court of Appeals stayed the FCC's net neutrality order Thursday (see 2407220044). Chief Judge Jeffrey Sutton concurred with the ruling, noting that in only the past three years has the FCC "taken…
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its current position that broadband internet access service qualifies as a telecommunications service as opposed to an information service." The panel noted that ISPs have "shown that they are likely to succeed on the merits and that the equities support them" (docket 24-7000). The court found that the final rule "implicates a major question" and the FCC "failed to satisfy the high bar for imposing such regulations." Net neutrality "is likely a major question requiring clear congressional authorization," the ruling said, adding that the Communications Act "does not plainly authorize the commission to resolve" this issue. The court declined to reach a determination on the impact of the U.S. Supreme Court's Brand X decision. The court set oral argument for its fall sitting "so that a randomly drawn merits panel may consider the case." Opening briefs for petitioners are due by Aug. 12. The FCC has until Sept. 11 or 30 days after petitioners file to submit its own brief. The FCC didn't immediately comment.