
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
09/07/2026
With 50+ cameras, three trucks, 60+ EVS channels, RFID hole-card workflows, and ...
09/07/2026
A recent graduate from Westchester, NY, this experienced technician has already started her first gig in the industry, as a REMI A2 Comms Specialist at ESPN
In...
09/07/2026
Live sports production is a fast-paced industry with no signs of slowing down. W...
09/07/2026
From a rooftop studio in Manhattan, multiple Germany-based companies share respo...
09/07/2026
Overtime has announced a content partnership with FOX One to produce Race to Glo...
09/07/2026
Clear-Com has announced that Ross Production Services (RPS) has standardized on ...
09/07/2026
The NFL has announced that NetApp will return as Presenting Partner of the NFL Madrid Game, featuring the Atlanta Falcons against the Cincinnati Bengals at the ...
09/07/2026
The R&A and Cisco have announced a multi-year partnership making Cisco the Official Network Supplier of The R&A and its Championships. Cisco will deploy AI-read...
09/07/2026
Fox Television Stations, Extreme Reach (XR), and LTN have announced the completi...
09/07/2026
Kiswe has announced a partnership with Wynn Records to launch the Wynn Records Network streaming platform, debuting Saturday, July 11 with a Salita Promotions b...
09/07/2026
NEP Europe has announced a new multi-year agreement with Wimbledon Broadcast Ser...
09/07/2026
Thropic Games, a company offering casual mobile games tied to fan fundraising for sports programs, has announced a pre-seed funding round led by The Famous Grou...
09/07/2026
Game Creek Video has reached an agreement with Grass Valley to purchase 10 K-Frame production switchers as part of a two-year fleet expansion. Two systems have ...
09/07/2026
Gravity Media is delivering a three-hub remote production workflow for ITV's...
09/07/2026
A new report from Quickplay and Caretta Research, The Broadcaster Revolution Wi...
09/07/2026
DAZN, the world's leading sports entertainment platform, has announced a long-term strategic partnership with the Esports World Cup Foundation to serve as t...
09/07/2026
The regional sports network is staying busy this summer with broadcasts of the N...
09/07/2026
Blackmagic Design Announces New UltraStudio Express 3G
Brie Clayton July 9, 2026
0 Comments
New extremely portable capture and playback models with 3G...
09/07/2026
Miri Introduces Self-Service Cellular Data and SIM Card Management Platform for ...
09/07/2026
Riedel Communications today announced that the Hong Kong Jockey Club (HKJC), one of Asia's most prestigious horse racing organizations, has significantly up...
09/07/2026
Leading North American mobile production facility provider standardizes on Grass Valley's fully IP-native K-Frame production switchers for its fleet of next...
09/07/2026
Miri Technologies Inc. is rolling out a new online portal that provides customers and resellers with self-serve management tools and usage analytics for the com...
09/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/07/2026
Cinematographer Aakash Subramaniam, WICA faced a conceptual challenge: how could he make a film about dying that doesn't feel like one? The film, Our Weird...
09/07/2026
This GFN Thursday brings more games, more power and more ways to play on GeForce NOW.
The cloud gaming service is expanding with a new GeForce RTX 5080-powere...
08/07/2026
The end of the Big A' marks the demise of one more iconic sports venue and its signature sound
After 132 years as one of the preeminent horse-racing track...
08/07/2026
Memphis Athletics and Learfield have signed a long-term renewal to their 25-year relationship, which sees Learfield's Tiger Sports Properties continue repre...
08/07/2026
MLB All-Star Week returns to Philadelphia for the first time in 30 years as Amer...
08/07/2026
Former Wall Street Video event expanded to include all Enterprise sectors
SVG Enterprise has announced the inaugural Enterprise Video Summit, taking place Oct....
08/07/2026
An offseason project enhanced eight video displays around the venue in time for ...
08/07/2026
Kaseya Center has a ton of new features that weren't available to the indust...
08/07/2026
The International Federation of Film Critics (FIPRESCI) and the Sundance Film Festival are pleased to announce the establishment of a FIPRESCI jury beginning wi...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Collaboration demonstrates how managed IP distribution and cloud-based syndication workflows can support live television at national scale
Fox Television Stati...
08/07/2026
New ARRI ALEXA 35 Live Xtreme camera seamlessly delivers up to 8x HFR via SDI fo...
08/07/2026
Did You Know? Redshift for Cinema 4D: The Power of the Distance Node
Marc Potocnik July 8, 2026
0 Comments
The Did You Know? Redshift for Cinema 4D ...
08/07/2026
Lightware is introducing the biggest update yet to the LARA Wizard Touchpanel configuration experience, designed to help integrators work faster while deliverin...
08/07/2026
DMC Production has turned to Calrec in its quest to redefine outside broadcasting with a flexible approach to live production that reverse engineers the convent...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/07/2026
Foundry today announced that Reel FX Animation Studios has adopted Flix to standardize their pipeline and streamline processes across departments. Flix is a vis...
08/07/2026
NVIDIA Nemotron 3 Ultra is offering leading performance at lower cost than top c...
07/07/2026
The Universal Talent Identifier (HAND) has issued HAND IDs to 50 top prospects ahead of the 2026 MLB Draft, including consensus top-ranked players Roch Cholowsk...
07/07/2026
Cisco and the McLaren Mastercard Formula 1 Team have announced an extension of their partnership, expanding the scope from networking and communications to incl...
07/07/2026
LucidLink has announced a workflow integration with Adobe Frame.io that gives production teams unified access to Frame.io projects alongside supporting producti...
07/07/2026
Chyron has announced the appointment of Ahmed Magd as Sales Director for the Middle East. Magd joins from previous senior commercial roles at Riedel Communicati...
07/07/2026
Leader Electronics of Europe has announced that its PHABRIX Qx rasterizer and Le...
07/07/2026
eCLUTCH has announced it has acquired broadcast rights to the Esports World Cup 2026 for EMEA and MENA, covering the Middle East, Africa, the Balkans, Sweden, a...
07/07/2026
Riedel Communications and ARRI supported ORF's host broadcast of the Eurovis...