CINCINNATI—Two tech industry trade organizations representing digitally-native companies filed an amicus brief in ongoing litigation between internet service providers and the Federal Communications Commission (FCC) over the constitutionality of the agency reinstating the Obama-era net neutrality regulations.
The groups are Engine Advocacy and INCOMPAS. Engine Advocacy represents startup companies while INCOPMAS represents companies like Amazon, Dish Network, Meta Platforms, Google and Microsoft. They specifically note that net neutrality would harm video streaming capabilities, which are necessary for streaming adult content.
Kate Tummarello, the executive director of Engine, said, "The FCC’s net neutrality protections and oversight are necessary to ensure startups can continue reaching their users without needing to overcome Internet service providers blocking, throttling, and paid prioritization.
"Startups are most at risk of being disadvantaged or blocked as they have limited resources to pay for preferential treatment. Affirming the open Internet rules will make certain that startups’ innovative products and services remain accessible to users," Tummarello said.
INCOMPAS president Angie Kronenberg echoed similar sentiments.
"Consumers want net neutrality protections, and they want more competition," Kronenberg said. "The court should affirm the FCC’s order which will enable and promote more broadband competition."
Broadband companies and major internet service providers (ISPs) have sued the FCC in several courts in a bid to render the FCC rules unconstitutional and a governmental overreach. An administrative judicial panel consolidated the cases to the Sixth Circuit.
While the FCC maintains that net neutrality remains an effective measure to ensure equity in broadband access, the ISPs argue that it's not necessary. In the latest update on the case, two key U.S. lawmakers have filed briefs in support of the broadband industry groups asking to overturn net neutrality.
Far-right Sen. Ted Cruz, R-Texas, the ranking member on the Senate Commerce Committee, and conservative Rep. Cathy McMorris Rodgers, R-Wash., chair of the House Energy and Commerce Committee, filed the briefs with the court due to their committees' statutory oversight authority over the agency.
“Regulating broadband internet access as a ‘telecommunications service’ would fly in the face of Congress’s objective in passing the law,” both wrote. They cited how a previous law adopted in 1996 was designed to preserve a "competitive market for the internet," unfettered by government regulations.
The court added that internet service providers and broadband providers suing the FCC are likely to win in the immediate legal challenges.
In an order published by the court on August 1, the judges decided that "the petitioners are likely to succeed on the merits because the final rule implicates a major question. ... Net neutrality is likely a major question requiring clear congressional authorization."
The revitalized net neutrality rules were officially adopted in April 2024 by the Democrat-leaning FCC.
