CINCINNATI—A court order released last week notes that the U.S. Sixth Circuit Court of Appeals has temporarily blocked the enforcement of the Federal Communications Commission's (FCC) net neutrality rules.
The temporary administrative stay will last until August 5, and then the rules the Democrat-controlled FCC voted to reinstate in April of this year will take effect. Such a stay isn't a substantive victory or loss for either side of the legal parties—the suing internet service providers with ties to Republicans or the FCC’s general counsel representing the agency and the commission led by chair Jessica Rosenworcel.
"To provide sufficient opportunity to consider the merits of the motion to stay the FCC's order, we conclude that an administrative stay is warranted," reads the court order. "The FCC's order is hereby temporarily stayed until August 5, 2024. In the interim, the panel would be grateful for supplemental briefs."
The U.S. Judicial Panel on Multidistrict Litigation, an independent panel in the U.S. court system that manages similar lawsuits filed in several courts, declared the Sixth Circuit to be the appropriate legal venue for consolidating several cases brought by broadband industry groups. Per the consolidation of the case, the panel consolidated eight cases into a single proceeding with extremely broad implications for these cases.
The consolidated lawsuits include the following:
- National Consumer Law Center v. FCC et al. in the First Circuit;
- Texas Cable Association et al. v. FCC et al. in the Fifth Circuit;
- Ohio Telecom Association et al. v. FCC et al. in the Sixth Circuit;
- Ohio Cable Telecommunications Association v. FCC et al. also in the Sixth Circuit;
- Missouri Internet & Television Association v. FCC et al. in the Eighth Circuit;
- Media Alliance v. FCC et al. in the Ninth Circuit;
- Florida Internet & Television Association v. FCC et al. in the Eleventh Circuit;
- Benton Institute for Broadband & Society v. FCC et al. in the District of Columbia Circuit.
In these cases, all stakeholders are primarily major broadband companies, internet service providers, or organizations linked to these companies.
Net neutrality rules were adopted by the FCC under the administration of former President Barack Obama, a Democrat, and repealed by the agency under former President Donald Trump, a Republican. President Joe Biden won the 2020 Presidential Election over Trump and promised in his campaign to reinstate the net neutrality regulations. Another reason for the administrative stay is for the Sixth Circuit to consider the overturning of the Chevron doctrine.
AVN reported that this action by the U.S. Supreme Court significantly limited the power of federal regulatory agencies like the FCC and established that regulation should be considered in courts.
The decision was reached by the conservative-leaning high court in the landmark case of Loper Bright Enterprises v. Raimondo. Now, the private sector and large business interests have greater standing in challenging whether the FCC overstepped its authority by reinstating net neutrality rules.
Net neutrality eliminates "throttling" on websites that have controversial speech and are subject to the whims of large internet service providers and telecommunications companies like Verizon, Comcast, AT&T Fiber and others. Adult entertainment industry trade group the Free Speech Coalition has previously supported net neutrality.
