
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 ...
09/10/2026
September 10 2026, 06:00 (PDT) Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026
New Sports Intelligence helps providers better unders...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
17/09/2026
CP Communications has been named Best of Florida for Audio-Visual Services, and its subsidiary Red House Streaming has been named Best Movie and Recording Studi...
17/09/2026
Scripps Sports and ION have announced a broadcast partnership for the Shriners Children's East-West Bowl, the nation's oldest college all-star football ...
17/09/2026
The 17th annual espnW: Women + Sports Summit, presented by Toyota, will take place October 14-16 at the Ojai Valley Inn in Ojai, California, with virtual attend...
17/09/2026
The Professional Audio Manufacturers Alliance (PAMA) and Shure Incorporated have...
17/09/2026
Lithuanian broadcaster LNK Group has completed a migration of playout and media management for its five national television networks - LNK, BTV, TV1, InfoTV, an...
17/09/2026
Net Insight has announced a pan-Asian live media network created with its regional partners, giving broadcasters, production companies, and media service provid...
17/09/2026
After a high school football injury, the Orlando native found a new path in video production, gaining experience on ESPN college football broadcasts, Tampa Bay ...
17/09/2026
Popular DAW gains free pitch-correction tool
Image-Line have teamed up with Antares to kit their popular DAW software out with a built-in pitch-correction p...
17/09/2026
Promises unprecedented realism, dynamic nuance and clarity
Gibson have teamed up with acoustic pickup experts Baggs, creating a next-generation' pickup...
17/09/2026
Two new libraries join percussion line-up
VSL (Vienna Symphonic Library) have just launched two new libraries that bring some intriguing new instruments int...
17/09/2026
Hardware & plug-in versions gain new features
Arturia have just released a free update that brings some significant new features to their MiniFreak synthesi...
17/09/2026
Respected journalist Catalina Fl rez to succeed Anton Enus as SBS World News pre...
17/09/2026
The Department of Sport, Arts and Culture (DSAC), in partnership with the Nation...
17/09/2026
Calrec brings leading audio solutions and long-term business value to IBC 2026 We're looking forward to meeting up with you all on 11-14th September in Amst...
17/09/2026
Streaming Content Ratings (SCR) Data Shifts to Daily Delivery Cadence, Mirroring...
17/09/2026
August brought further stabilization in total TV viewing time. Poles spent an average of 3 hours and 31 minutes a day watching video content on TV glass-just 2 ...
17/09/2026
Post-sports seasonal shift redistributes viewership across Poland, while streami...
17/09/2026
Television Content Analytics Pte Ltd (TVC), a Singapore-based deep-tech company specialising in sports technology, artificial intelligence and live broadcast in...
17/09/2026
Rise WIB, the global advocacy group championing gender diversity and career progression across the media technology industry, today announced the shortlist for ...
17/09/2026
RALEIGH, N.C. - Capitol Broadcasting Company (CBC) and Hurricanes Holdings annou...
17/09/2026
Lithuanian broadcaster deploys Playout X and Framelight X across five networks, combining on-premises software-defined playout with cloud-based disaster recover...
17/09/2026
Introducing Adobe Photoshop Elements & Premiere Elements 2027
Brie Clayton September 17, 2026
0 Comments
New tools make it easier than ever to enhance y...
17/09/2026
LA JOLLA, CA-While the brain orchestrates metabolic processes in the body, it al...
17/09/2026
The bold, new legal drama starring Dominic West and Sienna Miller launches on Sky and NOW on 2nd OctThursday 17 September 2026
Official trailer released for Sk...
17/09/2026
Every week we read headlines about new threats from AI. From taking over jobs to disrupting critical infrastructure, spreading misinformation or even destroying...
17/09/2026
Arqiva selected by SANZAAR to deliver global distribution of 2026 international ...
17/09/2026
CULVER CITY, CALIFORNIA This evening at the 78th Primetime Emmy Awards, Apple TV...
17/09/2026
A new creature-catching adventure is ready to stream from the cloud this week. Pawprint Studio's Aniimo arrives on GeForce NOW at launch, inviting gamers to...
17/09/2026
RT Statement:
RT is today confirming that its position regarding participation in the Eurovision Song Contest remains unchanged. RT will not participate in...
16/09/2026
Grass Valley has been recognized with a 2026 Technology & Engineering Emmy Award...
16/09/2026
Sports-media leaders explore how cloud, AI, and virtualization are transforming ...
16/09/2026
With a full crew on site in Springfield, deep access to players, and a growing d...
16/09/2026
John Wilson attends The History of Concrete premiere during the 2026 Sundance Film Festival at The Yarrow Theatre on January 22, 2026, in Park City, Utah. (Ph...
16/09/2026
Powerful soft synth receives free update
Wavea have just launched a new and improved version of their feature-packed soft synth, kitting it out with over 20...
16/09/2026
Physical-modelling experts launch pipe-based instrument
Modartt are well known for their impressive Pianoteq and Organteq offerings, and now, they've pu...
16/09/2026
Popular DAW gains free pitch-correction tool
Image-Line have teamed up with Antares to kit their popular DAW software out with a built-in pitch-correction p...
16/09/2026
Microwave Factory and Rohde & Schwarz enable automated SAR measurements with CMX...
16/09/2026
Rohde & Schwarz launches new security scanner for large events at Security Expo ...
16/09/2026
The National Film and Video Foundation (NFVF) invites eligible South African pro...
16/09/2026
Grass Valley honored alongside industry leaders for the development of web-based, frame-accurate remote monitoring systems for distributed broadcast production ...
16/09/2026
Blackmagic Design Cameras Capture Harvard Law School Alumni Event
Brie Clayton September 16, 2026
0 Comments
URSA Broadcast G2 and Pocket Cinema Camer...
16/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
16/09/2026
Screen Australia funds games projects in every state and territory as Screen Cur...
16/09/2026
September 16th, 2026 (Participant Head Shots Here & Video Here and YouTube HERE...
16/09/2026
Original article publish in Broadcast Magazine NL
Over the past few years, our relationship with Grass Valley has continued to develop, and our move to AMPP in...