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Court blocks net neutrality, says ISPs are likely to win case against FCC


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It goes without saying that this ruling is a direct consequence of the Chevron decision:

 

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The 6th Circuit panel found that broadband providers "are likely to succeed on the merits because the final rule implicates a major question, and the Commission has failed to satisfy the high bar for imposing such regulations."

 

Net neutrality, the judges wrote, "is likely a major question requiring clear congressional authorization," and the "Communications Act likely does not plainly authorize the Commission to resolve this signal question. Nowhere does Congress clearly grant the Commission the discretion to classify broadband providers as common carriers. To the contrary, Congress specifically empowered the Commission to define certain categories of communications services—and never did so with respect to broadband providers specifically or the Internet more generally."

 

 

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