FCC Sued by Broadband Industry Groups Over Net Neutrality Rules

Several broadband industry lobby groups have filed lawsuits against the Federal Communications Commission (FCC) in an attempt to overturn the recently approved net neutrality rules. The regulations, which prohibit blocking, throttling, and paid prioritization, are scheduled to take effect on July 22. The lawsuits were filed in various US appeals courts by groups representing cable, telecom, and mobile Internet service providers, including NCTA-The Internet & Television Association, USTelecom, CTIA-The Wireless Association, and several state-level associations. The groups argue that the FCC lacks the authority to reclassify broadband as a telecommunications service under Title II of the Communications Act of 1934 without explicit instructions from Congress. In addition to the lawsuits, the industry groups have also petitioned the FCC for a stay of the rules, claiming that their members will suffer irreparable harm if the regulations take effect while litigation is pending. The FCC is expected to reject the petition, but the groups can then seek an injunction from appeals court judges to prevent enforcement. The industry's legal challenge is based on the Supreme Court's evolving approach to the "major questions" doctrine, which limits federal agencies' ability to make decisions on significant issues without clear congressional authorization. However, FCC Commissioner Geoffrey Starks maintains that the agency's authority to regulate broadband as a telecommunications service is "clear as day."

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