ISPs Urge Court to Block FCC’s Net Neutrality Rules

'The FCC’s decision to treat the $150 billion broadband industry as a public utility is a question of vast economic and political significance," the ISPs said.

ISPs Urge Court to Block FCC’s Net Neutrality Rules
Photo of Associate Supreme Court Justice Neil Gorsuch

WASHINGTON, July 20, 2024 – Internet Service Providers claim a federal agency lacked authority to adopt regulations that treated them like utilities, requiring the federal judiciary to block the rules from going into effect next month.

Supplemental Brief of Ohio Telecom Association

This Court has requested supplemental briefing on the application of stare decisis and National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005). After the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo, 603 U.S. __ (2024), Brand X alone establishes that petitioners are likely to succeed on the merits. And even without the new gloss that Loper Bright provided, Brand X strongly supports a stay, as petitioners have argued from the outset.
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Many of the largest ISPs in the country, joined by hundreds of local providers, have challenged the Federal Communications Commission’s Net Neutrality rules in federal court, the latest chapter in a saga that began more than two decades ago.

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