Posted on 01/02/2025 2:10:06 PM PST by CFW
In a major victory for cable companies and telcos that raises concerns about the Federal Communications Commission's regulatory authority in the wake of recent U.S. Supreme Court rulings, the 6th U.S. Circuit Court of Appeals has struck down the agency’s net neutrality rules.
The rules require broadband operators to treat all internet traffic equally and banned them from giving preferential treatment to some sites by speeding up or slowing down consumer access.
The FCC had implemented net neutrality rules under former President Barack Obama, which were then dropped during the Trump administration. Last April the FCC voted 3-2, along party lines, to reinstate the rules in its "Safeguarding and Securing the Open Internet Order.” Industry groups then sued the FCC to block their implementation.
[snip]
“[U]nlike past challenges that the D.C. Circuit considered under Chevron, we no longer afford deference to the FCC's reading of the statute. Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244, 2266 (2024) (overruling Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984) ) … Using ‘the traditional tools of statutory construction,’ id., we hold that Broadband Internet Service Providers offer only an ‘information service’ under 47 U.S.C. § 153(24), and therefore, the FCC lacks the statutory authority to impose its desired net-neutrality policies through the ‘telecommunications service'’ provision of the Communications Act, id. § 153(51). Nor does the Act permit the FCC to classify mobile broadband—a subset of broadband Internet services—as a ‘commercial mobile service’ under Title III of the Act (and then similarly impose net-neutrality restrictions on those services). Id. § 332(c)(1)(A). We therefore grant the petitions for review and set aside the FCC's Safeguarding Order.”
(Excerpt) Read more at tvtechnology.com ...
“Net Neutrality” sounds like an Internet version of the broadcast media “Fairness Doctrine” that kept conservative voices off the air for decades.
Great news if you want your internet provider to have more power over what you access on the internet.
interesting.
― Eric Hoffer, The Temper of Our Time
“Great news if you want your internet provider to have more power over what you access on the internet.”
The 6th struck down the 3 rats at the FCC that is good enough for me.
I was checking that pesky constitution thingie, and I can’t find where the power to regulate communication was granted to the fed...
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If it is such an issue then the people can petition their representatives to pass a law which a President can sign into law.
Congress has delegated their jobs to governmental agencies for way too long. For decades, agencies have overstepped their authority and are now making laws that affect our daily lives in serious ways, including taking away our freedoms.
It is fantastic that the Loper ruling is being recognized to rein in the authority of bureaucratic agencies.
It's right there in Article VIII, right after the section on guaranteeing universal access to Wi-Fi.
https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0002p-06.pdf
Upon Multi-Circuit Petitions for Review of the Federal Communications Commission’s Safegaurding and Securing the Open Internet Order, FCC 24-52.
Argued: October 31, 2024
Decided and Filed: January 2, 2025
Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.
Richard Allen Griffin G.W. Bush Raymond Kethledge G.W. Bush John K. Bush Trump
I pay more for 1 Gbps symmetric fiber service because it helps me do my work more quickly. My next door neighbor is retired and opted for 100 Mbps fiber service from the same ISP at a lower price point. Google fiber just placed their equipment at the foot of my driveway. They offered 8 Gbps symmetric service. I don't need that much bandwidth, so I'll stay with my current ISP and enjoy the reduced monthly bill that occurred when the Google competitor showed up.
I want EVERY unlawful regulation REMOVED!
If net neutrality becomes the law, improvement and expansion of broadband would slow to a crawl, or have to be financed by the government.
Exactly!
We turned in our cable modem for fiber and even got $30 off each month for 12 months—again, no contract.
I want cable companies to have severe competition. The cable company was willing to match the cost and the download speed, plus add in cable for free, but the reliability has gone down this past year. It took a standalone fiber company to change the paradigm, and we aren't going back. Who cares about cable TV, anyway, with streaming and the Internet available?
May the Verizons, Comcasts, and Coxes of the world all have to fight for their customers. Local monopolies are still monopolies.
The concept of Net Neutrality was created in Silicon Valley about 2008.
To control the message and push Obama’s agenda.
It later mutated into a heap of nonsense to hide the fact that Obama and Holder were behind it.
So you think we should live in a Fascist state where the Government allows private business to exist but then regulates every aspect of how they do business?
Same here. Non stop issues with the cable connect at the neighborhood hub (which happened to be on my front yard). Despite constant service issue Comcast continually denied it was due to lack of basic maintained being done on infrastructure since the box was put in in 2001. At the same time the costs for service were ridiculously high
The day I saw the work crewed burying new cable in my yard I went out and asked them what it was for. When they told med Google Fiber I asked them how to sign up.
Never going back to anything less. Reliable, speedy and cost effective for what I need.
Actually, we were discussing Net Neutrality in Silicon Valley at least as early as 1989.
Yeah, not good.
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