Sixth Circuit Denies Rehearing in Net Neutrality Challenge

WASHINGTON, March 11, 2025 – The U.S. Court of Appeals for the Sixth Circuit denied public interest groups’ petition for rehearing en banc Tuesday, leaving in place its earlier decision that struck down the Federal Communications Commission’s Title II net neutrality rules

“The petition was circulated to the full court. No judge has requested a vote on the suggestion for rehearing en banc. Therefore, the petition is denied,” wrote the Sixth Circuit panel of Judges Richard Griffin, Raymond Kethledge, and John K. Bush, reaffirming their January ruling.

The decision upholds the court’s finding that the FCC cannot classify internet service providers as Title II common carriers under the Telecommunications Act, ruling that the “best reading” of the statute requires broadband to be defined as a less-regulated information service.

Public Knowledge, Free Press, the Benton Institute for Broadband & Society, and the Open Technology Institute jointly filed the request last month. The question now is whether they will take the fight to the Supreme Court, especially without FCC support.

Under Chairman Brendan Carr, the FCC is not expected to support an appeal, leaving public interest groups as the sole challengers.

Public Knowledge legal director John Bergmayer has criticized the Sixth Circuit’s reasoning, arguing the court misinterpreted the Telecommunications Act in light of the Supreme Court’s reversal of Chevron deference in Loper Bright v. Raimondo.

The Loper Bright ruling effectively stripped the FCC of its ability to interpret ambiguous provisions of the law, requiring courts to independently determine the "best reading" of a statute.