The Sixth Circuit Strikes Net Neutrality in a Victory for Tech and Administrative Law

The US Court of Appeals for the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The ruling reaffirms the principle that important policy decisions should be made by Congress, not by agencies under the guise of interpreting ambiguous statutes. The decision is good news for tech innovation. The FCC cannot impose a one-size-fits-all business model on broadband providers, allowing them to explore innovations like 5G network slicing without fearing regulatory backlash. More significantly, broadband providers are no longer at risk of rate regulation and other regulatory requirements that come with Title II classification, a category originally designed to discipline the telephone system. While the FCC promised to waive many of Title II’s onerous requirements, the fact that it felt compelled to so do only reinforces the court’s conclusion: Congress did not intend for broadband to fall under this category.