
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.
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
23/06/2026
When we began planning our transition from an SDI-based infrastructure to a new ...
23/06/2026
Imagine Communications has announced the appointment of Greg Garmon as Senior Vice President, Americas Video Sales. Garmon will oversee account growth and busin...
23/06/2026
Snap has promoted Emma Wakely to Head of Sports and Media Partnerships, Americas, succeeding Anmol Malhotra, who has been elevated to Global Head of Content and...
23/06/2026
YES Network and The Gotham Sports App will air MI New York's Major League Cr...
23/06/2026
The Universal Talent Identifier (HAND) has issued HAND IDs to 34 top projected prospects in the 2026 NBA Draft class, including AJ Dybantsa, Cameron Boozer, and...
23/06/2026
World Boxing has announced the launch of World Boxing TV, a subscription-based streaming platform built on the Joymo platform, offering live events, on-demand c...
23/06/2026
FloSports will stream 32 off-road motorcycle racing events on FloRacing, includi...
23/06/2026
SES has announced the expansion of its ASTRA TV platform in Spain with the addition of 14 regional channels in HD and UHD quality and the launch of new hybrid s...
23/06/2026
Appear ASA has announced its role in Rede Legislativa de R dio e TV's contri...
23/06/2026
LTN has announced that PBS has selected it as its IP video partner to modernize content distribution and contribution across more than 330 public television sta...
23/06/2026
Ease Live has announced that its graphics overlay platform is powering an interactive fan experience on Rally.TV, the official streaming platform of the FIA Wor...
23/06/2026
Chyron has announced updates to Chyron LIVE, its cloud-native live production pl...
23/06/2026
ESPN has announced ESPN Fan House, a fan engagement hub powered by Flowcode, launching in August ahead of the 2026 college football season. Publicis Sports will...
23/06/2026
The city's solid position in broadcast, entertainment, and sports attracted the major microphone manufacturer
Sennheiser Group is moving its Americas Regio...
23/06/2026
128 channels of signal routing & DSP
Announced just before the NAMM Show 2026, Violet Audio's latest digital audio matrix offers 128 channels of signal ...
23/06/2026
Latest Current expansion created by EPROM
Minimal Audio have just launched the latest Current Expansion, Memory Rites. Designed in collaboration with renown...
23/06/2026
Popular hardware EQ gets official plug-in emulation
Undertone Audio have just launched a new plug-in that brings one of their most popular hardware designs ...
23/06/2026
December 7, 2022
Colorfront (colorfront.com) - the multi-award-winning develope...
23/06/2026
April 23, 2026
NAB 2026, Las Vegas - the Academy and Emmy Award-winning develop...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
PlayBox Neo appoints Besco as Channel Reseller to establish a firm foothold in Asia Pacific's thriving high-tech export-driven economic boom
PlayBox Neo, t...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
LTN, a global leader in IP-based video transport and network services, today announced that PBS has selected LTN as its IP video partner to modernize and future...
23/06/2026
LiveU will introduce its Q Era to Australia and New Zealand for the first time at ABE2026 on Stand No. 25, (July 30 31). Leading the showcase is the LU900Q, a n...
23/06/2026
Miri Technologies Inc. has begun shipping its highly anticipated V410 live 4K video encoder/decoder for streaming, IP-based production workflows and AV-over-IP ...
23/06/2026
DHD audio reports the completion of an upgrade to the audio production facilities at the Galilee headquarters of Radio Tzafon. The station broadcasts two progra...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Multifaceted Growth Executive Brings 20+ Years of Experience Leading Organizations Across Tech and M&E
Imagine Communications today announced the appointment ...
23/06/2026
Australians in Film and Screen Australia's talent development initiative UNT...
23/06/2026
Visual Productions Unveils RdmRelay2 Four-channel Relay Control at InfoComm 2026
Brie Clayton June 22, 2026
0 Comments
New Relay Solution Combines DMX, ...
23/06/2026
SMPTE Makes Its Standards Freely Accessible, Opening Standards Library to the Gl...
23/06/2026
23rd June 2026, London: UKTV and BBC Entertainment have unveiled a joint co-comm...
23/06/2026
Also starring Jonny Lee Miller, Sheldon Shepherd and Bel Powley, the ambitious f...
23/06/2026
The priority now is a clear and credible plan
June 23, 2026, Winchester, UK - Arqiva, the UK's leading communications infrastructure provider, welcomes tod...
23/06/2026
The RT Toy Show Appeal has raised over 31 million since its inception in 2020 ...
23/06/2026
News Highlights:
NVIDIA technology runs 81% of the TOP500 and 90% of the systems new to the list.
26 systems on the TOP500 adopted the NVIDIA Grace CPU, up ei...
23/06/2026
Companies are asking how to build specialized AI that fits with the way their workflows actually run.
The first wave of enterprise AI was about access. Compan...
23/06/2026
Newly identified molecule strengthens the eye's response to damage in retinal disease Scripps Research discovery finds that restoring the naturally occurrin...
22/06/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
22/06/2026
Cosm has announced the appointment of David Ho as Chief Legal Officer, a newly created executive role reporting to President and CEO Jeb Terry. Ho will oversee ...
22/06/2026
Warner Bros. Discovery and Amazon Web Services (AWS) have announced the developm...
22/06/2026
Daktronics has completed an audio control system upgrade at Petco Park in San Di...