Major Questions Does Not Apply to Net Neutrality: FCC
The agency said ISPs Function like DoorDash or GrubHub.
Jake Neenan
— 3 min read

WASHINGTON, September 12, 2024 – Broadband is straightforwardly a telecommunications service subject to common carrier regulation, the Federal Communications Commission told federal judges Wednesday.

FCC Brief in Net Neutrality Case
In the Order under review, the Federal Communications Commission determined that broadband internet access, as offered and used today, is best understood under the Communications Act as offering telecommunications service, and that mobile broadband should likewise be considered a commercial mobile service. The Commission then adopted rules to prevent harmful conduct by broadband providers, while exercising its statutory forbearance authority to minimize unnecessary regulation.
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“[T]oday’s broadband providers are not like a pizzeria that delivers its own pizza to customers; they are akin to DoorDash or GrubHub, the delivery companies that deliver food from third-party restaurants,” the FCC wrote in a brief. “These companies do not make or alter the food they deliver.”
The agency is trying to keep alive its net neutrality order, which would classify ISPs as telecom providers and increase the FCC’s regulatory authority over them.