
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
16/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/04/2026
AJA Enters into Agreement to Acquire Video Encoding Software Company Comprimato
Brie Clayton April 15, 2026
0 Comments
Deal will expand AJA's video ...
16/04/2026
Deity Announces PR-4 Compact Field Recorder with Pre-Orders Launching April 14
Brie Clayton April 15, 2026
0 Comments
Deity Microphones today announce...
16/04/2026
Berklee's First Homecoming Brings Global Alumni to Boston for a Block Party ...
15/04/2026
Open Broadcast Systems has announced that BBC World Service has selected its IP ...
15/04/2026
LiveU has announced an expansion of its collaboration with Sony Corporation, add...
15/04/2026
Ateme has announced a collaboration with NVIDIA to support live Apple Immersive ...
15/04/2026
The Professional Fighters League (PFL) has announced a multi-year partnership renewal with DAZN DACH, covering Germany, Switzerland, Austria, Liechtenstein, and...
15/04/2026
Canon U.S.A. (NAB Booth C3825) today took the lid off of the CINE-SERVO 40-1200m...
15/04/2026
Panasonic Video and Audio Systems North America and NEP Group will demonstrate a...
15/04/2026
For the fourth year running, independent analysts found businesses across all industries and verticals pay roughly the same amount in fees as they spend on stor...
15/04/2026
The Soccer Tournament (TST) has announced a media rights deal with NBC Sports to...
15/04/2026
JB&A will host the Pre-NAB 2026 Technology Event on April 17-18 at Flamingo Las Vegas, ahead of NAB Show. The event features hands-on demonstrations and technic...
15/04/2026
The Sennheiser Group will exhibit at NAB Show 2026 (Booth 4931, Central Hall), with demonstrations from Sennheiser, Neumann, and Merging across three areas: Rel...
15/04/2026
NAB Show 2026 will take place April 18-22 at the Las Vegas Convention Center, wi...
15/04/2026
AI-Media has announced the LEXI Text Encoder and LEXI Voice Encoder at NAB Show 2026, the company's first new encoder hardware release in more than a decade...
15/04/2026
Italian camera support manufacturer Cartoni will introduce several new products at NAB Show 2026 (Booth C6540, Central Hall), including the Master 30 OB fluid h...
15/04/2026
Lawo and swXtch.io have announced a memorandum of understanding at NAB Show 2026, under which Lawo will explore incorporating swXtch.io's groundSwXtch softw...
15/04/2026
CacheFly will exhibit at NAB Show 2026 (Booth W3129, April 19-22, Las Vegas Convention Center), showcasing three new additions to its content delivery platform:...
15/04/2026
Synamedia has announced GO Shorts, a new module within its Synamedia Go OTT platform that uses AI to convert an operator's existing content library into a s...
15/04/2026
The NAB Show kicks off on Saturday, and the SVG and SVG Europe editorial teams a...
15/04/2026
AJA Video Systems has announced an agreement to acquire Comprimato, a live video encoding and processing software company. The deal will unite the two companies...
15/04/2026
Prime Video Sports' NBA Playoffs coverage, which includes the entire SoFi NB...
15/04/2026
Just announced, the SDE standard provides a unified method and file format to ensure consistent and reliably comparable noise predictions
Sports and entertainm...
15/04/2026
Image courtesy of MD Helicopters...
15/04/2026
Virginia Gov. Abigail Spanberger, L3Harris VP Mark Farley, and state and local l...
15/04/2026
U.S. Space Forces Ground-Based Optical Sensor System upgrade at the Maui Space S...
15/04/2026
NBCU-Versant notches 13.1% of TV viewing in February, its best since August 2024...
15/04/2026
New data reveals older Kiwis are financially resilient, loyal to local products,...
15/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/04/2026
Evergent introduces its Agentic Revenue Orchestration Platform, transforming how subscription businesses across direct-to-consumer streaming, pay-TV, telecommun...
15/04/2026
Harmonic's XOS Media Processor Delivers Exceptional Video Quality to More than Half of U.S. Public Media Viewership
Harmonic (NASDAQ: HLIT) today announce...
15/04/2026
LONGMONT, COLORADO, APRIL 15, 2026 DPA Microphones N Series Digital Wireless System users in North America can now take full advantage of the system's exc...
15/04/2026
Cobalt Iron, a leading provider of SaaS-based enterprise data protection, today announced the launch of Compass Tape Gateway (CTG), a transformative enhancemen...
15/04/2026
Disguise to Showcase Cutting-Edge Experience Tech for Sports, Broadcast and More...
15/04/2026
Arooj Aftab Makes the Music She Wants to Hear The singular artist explores the juxtaposition of grief and joy, dark and light, in her distinctive sound.
Apri...
15/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
15/04/2026
Interra Systems, a provider of end-to-end quality assurance solutions for the digital media industry, is proud to announce its central role in the digital trans...
15/04/2026
VO Integrates Client-Side and Server-Side Ad Technologies with its Secure Video Player and Segmentation Tools, Leveraging Broadpeak's SSAI and BPK SmartLib ...
15/04/2026
TMT Insights, a leader in professional services and software development for the media and entertainment (M&E) industry, today announced the launch of TMT AI at...
15/04/2026
Encompass Digital Media, a global leader in managed broadcast and cloud-based media services, today announced an expanded partnership with Oracle Cloud Infrastr...
15/04/2026
Middleman Software, a leading provider of signaling and synchronization solutions for broadcast and streaming workflows, today announced it will unveil PhaseLoc...
15/04/2026
Deity Microphones today announced the PR-4, a compact six-track field recorder featuring four inputs, 32-bit float recording, advanced routing, and a workflow-f...
15/04/2026
Blackmagic Design Announces Fairlight Live
Brie Clayton April 15, 2026
0 Comments
Powerful software-based live audio mixer with support for SMPTE-2110...
15/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...