
The Biden administration's loss in a Supreme Court ruling involving the EPA's ability to regulate power plants could be a victory for ISPs' arguments that the FCC was outside its regulatory lane when it reclassified internet access as a Title II common-carrier service subject to open access and other requirements and imposed net neutrality rules.
In the 6-3 opinion handed down Thursday (June 30), Chief Justice John Roberts, who penned the decision, said that in the Clean Air Act, Congress had not granted the Environmental Protection Agency the authority to devise emissions caps based on the electricity-generation shifting approach the EPA took in the Clean Power Plan.
In that opinion, Roberts talked about the limits of the Chevron doctrine, which is the courts' customary deference to agency expertise when a statutes direction is less than crystal clear.
ISPs have long argued that Congress did not give the FCC the authority it asserted in reclassifying internet access under Title II.
We presume that Congress intends to make major policy decisions itself, not leave those decisions to agencies, wrote Roberts, citing then D.C. Appeals Court Judge (now Supreme Court Associate Justice) Brett Kavanaugh in his dissent from a decision by the lower court not to further consider ISPs appeal of net neutrality rules back in 2015.
Thus, in certain extraordinary cases, both separation of powers principles and a practical understanding of legislative intent make us reluctant to read into ambiguous statutory text the delegation claimed to be lurking there, Roberts wrote. Roberts drew an even clearer line around Chevron. To convince us otherwise, something more than a merely plausible textual basis for the agency action is necessary. The agency instead must point to clear congressional authorization for the power it claims.
That language is music to ISP ears since it suggests that if the Biden administration was able to restore rules against blocking, throttling and paid prioritization, it might have a hard time this time around surviving a court challenge by ISPs.
There currently are no such rules, as the FCC under then-Republican chairman Ajit Pai threw them out in 2017.
President Joe Biden has supported yet another FCC about-face and return to the rules, but he has only two votes and no near-term prospects of getting the open Democratic seat on the FCC filled.
North America Stories
11/05/2026
New production unit features not only wealth of Ross gear but also Sony cameras, Canon lenses, and a Calrec Argo S audio board...
11/05/2026
Solid State Logic (SSL) has announced TCA Tour, a portable fly-away audio production system built from System T components for broadcast, touring, and live prod...
11/05/2026
Riedel Communications has announced it will serve as Official Connectivity Integ...
11/05/2026
Guntermann and Drunck (G&D) and NETGEAR AV have announced a plugin that automates network configuration for G&D KVM-over-IP deployments on NETGEAR AV Line infra...
11/05/2026
The Famous Group (TFG) and Elite Edge, a production studio specializing in live-action production, show opens, set design, and fabrication for sports and live e...
11/05/2026
The native of S o Paulo, Brazil, will play a crucial role in the broadcaster'...
11/05/2026
Cobalt Digital will exhibit its IPMX/ST 2110 product lineup at BroadcastAsia 2026 (Stand 5D2-4), anchored by the COBALT blueCORE family of standalone signal pro...
11/05/2026
Interra Systems will exhibit at BroadcastAsia 2026 (Stand 5C1-10), demonstrating...
11/05/2026
T-Mobile is serving as a technology partner for the 2026 PGA Championship at Aronimink Golf Club in Newtown Square, Pennsylvania, deploying 5G connectivity and ...
11/05/2026
Vizrt has announced it has been named an Official Technical Supplier of the Eurovision Song Contest 2026, in partnership with host broadcaster ORF. The 70th edi...
11/05/2026
The WNBA and Amazon Web Services (AWS) have announced a multi-year partnership making AWS the Official Cloud and Cloud AI Partner of the WNBA. AWS is also joini...
11/05/2026
Austrian private broadcaster kronehit publicly awarded SLG Broadcast AG and Lawo...
11/05/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
11/05/2026
L3Harris has completed more than 50% of a nationwide effort to rebuild the invisible backbone of America's airspace....
11/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/05/2026
As Asia Pacific's streaming market continues to evolve, operators across the region are rebalancing their strategies and shifting their focus from subscribe...
11/05/2026
LONDON, MAY 11, 2026 QuickLink, a leading provider of award-winning video production and remote guest contribution solutions, will showcase its latest innovat...
11/05/2026
Cobalt Digital's BroadcastAsia Line-up Highlights Flexible End-to-End IPMX/ST 2110 Ecosystem
Award-winning blueCORE standalone signal processors at the he...
11/05/2026
Encompass Digital Media, in partnership with VideoMagic International, announced at NAB 2026 the launch of Altitude Intelligence, an AI-powered platform designe...
11/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/05/2026
Alfalite, the only European manufacturer of LED screens, has completed a major new corporate installation in Spain with the upgrade of the auditorium at Torre I...
10/05/2026
Berklee Honors Jacob Collier, Jill Scott, and Vinnie Colaiuta at 2026 Commenceme...
09/05/2026
New SoundApp ARA Plugin Transforms Boris FX CrumplePop
Jessie Electa Petrov May 9, 2026
0 Comments
CrumplePop 2026.5 streamlines music, voice, and cin...
09/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
NBC's 9:16 live-production workflows power Courtside Live, Rinkside Live, Vi...
08/05/2026
Native 1080p HDR productions will rely on a mix of remote workflows from Bristol and Los Angeles
Despite another prosperous WNBA season in 2025, there was no g...
08/05/2026
In-venue and creative video staffers at the professional and collegiate level ha...
08/05/2026
Players Era, an EverWonder Studio company, and ESPN have announced a multi-year ...
08/05/2026
BFBS (British Forces Broadcasting Service) has announced the selection of Syname...
08/05/2026
UFC and Joe Hand Promotions, UFC's exclusive commercial distributor in the U...
08/05/2026
Ease Live, an Evertz company, has announced it has been granted US Patent No. 12,556,777 for its graphical overlay technology for interactive live streaming. Th...
08/05/2026
Ateme has announced that VTVcab has deployed Ateme's OTT platform to power its VTVprime streaming service in Vietnam. The deployment covers live and on-dema...
08/05/2026
Amagi has announced the availability of its In-Content Ads offering via the Amagi ADS PLUS marketplace, providing programmatic access to ad formats inserted dir...
08/05/2026
Young broadcaster will deploy 11-camera complement on large chunk of games, At ...
08/05/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
08/05/2026
FOX Sports, America's English-language home for the FIFA World Cup 2026, and...
08/05/2026
Molly Gordon and Ben Platt appear in Theater Camp. (Courtesy of Searchlight Pictures)
By Lucy Spicer
Her character is the beloved founder of the AdirondACTS...
08/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
Riedel Communications today announced its return as a sponsor of the Glasgow 2026 Commonwealth Games, where the company will serve as the Official Connectivity ...
08/05/2026
For the second straight year, Miri Technologies Inc. has been honored with a pair of coveted awards at the broadcast, media and entertainment industry's pre...
08/05/2026
Nine Alumni Nominated for Tony Awards More than 20 alumni contributed to this year's Tony-nominated productions.
May 7, 2026
By
Tori Donahue
Boston Co...
08/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/05/2026
Liberty University on why broadcast technology isn't just a technical invest...
08/05/2026
COW Jobs: UGC, On-Camera Video Content
Brie Clayton May 7, 2026
0 Comments
UGC, On-Camera Video Content
April 17, 2026Documentary Editor - US,......