
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 ...
01/06/2026
January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026
Throughout the week, Dolby brings to life the latest innovatio...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
01/04/2026
January 4 2026, 18:00 (PST) DOLBY AND DOUYIN EMPOWER THE NEXT GENERATON OF CREATORS WITH DOLBY VISION
Douyin Users Can Now Create And Share Videos With Stun...
05/03/2026
More than 250 sports-graphics professionals packed into The Cutting Room in New ...
05/03/2026
Cosm announces that it will open its third immersive entertainment venue at downtown Atlanta's Centennial Yards on June 10, 2026. Its first public event wil...
05/03/2026
Following last year's broadcast television debut, The CW Network is growing its partnership with the Savannah Bananas, announcing that it will be the exclus...
05/03/2026
TGL presented by SoFi, the primetime, men's team golf league, announces AT&T...
05/03/2026
Ateme, which specializes in video compression software, announces that it has entered into a multi-year agreement with Netflix for the deployment of its TITAN L...
05/03/2026
As part of its strategy to deliver flexible and scalable media solutions, NEP Europe, part of NEP Group, has redesigned an outside broadcast (OB) unit to help b...
05/03/2026
Net Insight's Nimbra Edge and the Nimbra 400 series are now included in YouTube's Live verified encoders list. This confirms that the solutions have bee...
05/03/2026
Audinate, the creator of the Dante audio networking platform, announces the laun...
05/03/2026
LiveU announces the first large-scale deployment of its AI-driven LiveU IQ (LIQ) technology at a global, multi-venue sporting event, setting a new benchmark for...
05/03/2026
SportsEngine Play, a first-of-its-kind subscription streaming service for captur...
05/03/2026
The senior from small-town Pennsylvania has had a huge impact on the Spartans' B1G Student U program
In the live-sports-video industry, the future is brigh...
05/03/2026
Real-time animated presentation of Capitals-Rangers game blends tracking data, o...
05/03/2026
With Super Bowl LX taking place in Santa Clara, all eyes were not only on the field - but on the future of fandom itself. New technologies are being introduced ...
05/03/2026
The network aims for a uniform production while accommodating tech differences i...
05/03/2026
MLB Network produces the host broadcast, and FOX layers in cameras, studio prese...
05/03/2026
Barbara Hammer appears in Barbara Forever by Brydie O'Connor, an official se...
05/03/2026
A little over a year ago, Spotify introduced the quarterly Creator Milestone Awa...
05/03/2026
SBS and Mint Pictures to chronicle the Bondi terror attack in major feature docu...
05/03/2026
Winter Olympic stars return to the ice for ISU World Figure Skating Championship...
05/03/2026
Rohde & Schwarz enables rapid validation of next-gen Wi-Fi 8 networking platform...
05/03/2026
Rohde & Schwarz acquires Software Radio Systems (SRS), specialists in software d...
05/03/2026
Quality control (QC) has long been a gatekeeper of technical fidelity. Editors and technicians have adhered to a simple, disciplined checklist: bitrate, resolut...
05/03/2026
Leading video software provider Synamedia today announced it has partnered with Swiss sports technology specialist, Asport to deliver global live streaming for ...
05/03/2026
Advanced Systems Group, LLC (ASG), a technology and services provider for media creatives and content owners, announced the promotion of Gretchen Taipale to Vic...
05/03/2026
Clear-Com has provided Gen-IC virtual intercom, its cloud-based voice communications system for SaxaVord Spaceport, the first fully licensed vertical launch s...
05/03/2026
The Hollywood Professional Association (HPA) concluded the 2026 HPA Tech Retreat, convening more than 800 industry leaders, technologists, creatives and executi...
05/03/2026
LynTec, a leading manufacturer of electrical power control solutions for professional audio, video, and lighting systems, today announced that its new Dual DMX ...
05/03/2026
Snicket Labs is pleased to announce a new distribution partnership with ES Broadcast for its award winning solutions, Match and Enrich.
Under the agreement, ES...
05/03/2026
LiveU today announced the first large-scale deployment of its AI-driven LiveU IQ (LIQ ) technology at a global, multi-venue sporting event, setting a new benchm...
05/03/2026
Thursday 5 March 2026
Sky News secures ninth News Channel of the Year award as ...
05/03/2026
Thursday 5 March 2026
Sky Sports launches first ever nationwide creator competi...
05/03/2026
Back to All News
Innovation for Filmmaking, By Filmmakers: Why InterPositive Is Joining Netflix
Business
05 March 2026
Global
Link copied to clipboard
Dow...
05/03/2026
New LinkedIn Data Shows Women's Path to Senior Leadership Is Narrowing Published on Mar 5, 2026 Categories: Data and insights
LinkedIn Corporate Commun...
05/03/2026
SAN JOSE, Calif. - March 5, 2026 - At the 2026 NAB Show, Harmonic (NASDAQ: HLIT)...
05/03/2026
Comscore and Yahoo DSP Partner to Advance CTV Political Advertising with Proximi...
05/03/2026
March is in full bloom, and that means a fresh wave of games heading to the cloud. 15 new titles are joining the GeForce NOW library this month.
Leading the Ma...
04/03/2026
Lega Basket Serie A (LBA), the governing body for Italy's premier basketball...
04/03/2026
Wrexham AFC co-chairmen Rob Mac and Ryan Reynolds will host a first-of-its-kind ...
04/03/2026
The countdown is underway and with just 100 days to go until the world's greatest sporting event begins on Thurs., June 11, FOX Sports, America's Englis...
04/03/2026
No matter where they are in the world, service members and veterans can stream N...
04/03/2026
Telemundo officially releases Somos M s, the anthem for the network's cove...
04/03/2026
The Hollywood Professional Association (HPA) concluded the 2026 HPA Tech Retreat, convening more than 800 industry leaders, technologists, creatives, and execut...
04/03/2026
Smith Entertainment Group transformed how local sports are consumed by creating ...
04/03/2026
The production method, which spans a distance of 36.2 miles, was designed and im...
04/03/2026
Haivision, a global provider of mission-critical, real-time video networking and...