
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 ...
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...
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 ...
09/04/2026
Staines-upon-Thames, UK, 09, April, 2026 - Yospace, the trusted leader in Dynam...
09/04/2026
just:play pro 2026 and just:live pro 2026 Sneak Preview News for NAB 2026
More Details:At NAB 2026, ToolsOnAir will showcase just:play pro 2026 and just:live p...
09/04/2026
just:in mac pro 2026 - The Next Level of Professional Recording on macOS at NAB ...
09/04/2026
Zixi will demonstrate IP-based live video workflow solutions at NAB Show 2026 (Booth W2057).
The industry is moving quickly toward IP-based distribution as br...
09/04/2026
Global women's elite sports revenues are expected to reach at least $3 billi...
09/04/2026
Monitor engineer Gavin Tempany mixed Kylie Minogue s Tension Tour on a Solid Sta...
09/04/2026
KOKUSAI DENKI Electric America will exhibit at NAB Show 2026 (Booth C5507), debu...
09/04/2026
With the 2025-26 NBA regular season concluded and the playoffs beginning next we...
09/04/2026
Telestream and Mimir have announced an integration connecting Telestream's V...
09/04/2026
Bitmovin has expanded its Live Encoding and Observability solutions to provide r...
09/04/2026
The Nashville Predators and Scripps Sports have announced a multi-year media rights agreement covering local preseason, regular season, and first-round playoff ...
09/04/2026
Advanced Systems Group, LLC has announced a partnership with Beam Dynamics to offer the Beam Asset and License Intelligence Platform to its clients. The platfor...
09/04/2026
Lawo has unveiled Edge One, a combined video and audio stagebox for broadcast and Pro AV workflows. The device will be on display at NAB Show (Booth C2108, Apri...
09/04/2026
The Society of Motion Picture and Television Engineers (SMPTE) will host the SMPTE ST 2110 IP Media Roadshow on Tuesday, April 21, 2026, at the Las Vegas Conven...
09/04/2026
The Atlanta Braves have completed upgrades to video displays in and around Truist Park ahead of the 2026 MLB season. The upgrades include the Delta Out-of-Town ...
09/04/2026
The University of Southern California has contracted Daktronics (NASDAQ: DAKT) of Brookings, South Dakota, to manufacture and install 22 LED displays across fou...
09/04/2026
Backlight, the media technology company behind Iconik and Wildmoka, will showcase its Creative Operations Platform at NAB Show 2026 (Booth N2829, April 19-22). ...
09/04/2026
MotoAmerica and V10 Entertainment have announced a partnership to broadcast MotoAmerica Superbike racing on VICE TV for the 2026 season. Coverage begins live on...
09/04/2026
Proton Camera Innovations has announced the appointment of Tod Musgrave as US Sa...
09/04/2026
Designed specifically for live sports broadcasting, new platform features IP-nat...
09/04/2026
Blending 1990s DNA, modern motion theory, and a distinctly colorful brand identi...
09/04/2026
Technical capability is essential, but long-term success often depends on how we...
09/04/2026
15 feature films, including fiction and documentaries, along with six short film...
09/04/2026
Spotify has always been about putting listeners in the driver's seat. Today, people don't just want more ways to spend their time; they want that time t...
09/04/2026
Our Chief Public Affairs Officer Dustee Jenkins shares how we're building a more positive experience for families on Spotify.
As Spotify's Chief Public...
09/04/2026
Festival season is upon us. From sun-soaked weekends out west to iconic stages in Chicago and New York, fans are getting ready to see their favorite artists liv...
09/04/2026
O Spotify sempre teve como foco colocar os ouvintes no controle. Hoje, as pessoas n o querem apenas mais formas de passar o tempo - elas querem que esse tempo s...
09/04/2026
Read the original note in English here.
Nossa Chief Public Affairs Officer, Dustee Jenkins, compartilha como estamos construindo uma experi ncia mais positiva ...
09/04/2026
New synth focuses on sci-fi scoring
Following their formation and debut releases in December 2025, Smokestack Sounds - the brainchild of composer and produc...
09/04/2026
Latest version set for May 2026 launch
Reason Studios have revealed that the latest version of their DAW software will be launching in May 2026. Currently a...
09/04/2026
New EQ aimed at mix-bus & mastering duties
Shy Audio's first two releases focused on the past, delivering recreations of the budget mixers that were com...
09/04/2026
Based on John Galsworthy's novels known collectively as The Forsyte Saga a...
09/04/2026
The Forsytes has been renewed for a third season before the period drama has even premiered on PBS Masterpiece.
The adaptation of John Galsworthy's novel, ...
09/04/2026
IThe BBC has commissioned new drama The Witch Farm, starring Gabrielle Creevy (T...
09/04/2026
The next big thing To help broadcasters fully embrace dynamic hybrid workflows, Calrec will make a major announcement that unlocks even more freedom for broadca...
09/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/04/2026
Purpose Built Monitoring From Live Production to Master Control to OTT, Across On Prem and Cloud Environments
At the 2026 NAB Show (April 19-22, Las Vegas Con...
09/04/2026
Purpose Built Monitoring From Live Production to Master Control to OTT, Across On Prem and Cloud Environments
At the 2026 NAB Show (April 19-22, Las Vegas Con...
09/04/2026
New advances meet surge in demand for broadcast-grade IP migration as C-band spectrum auctions approach
LTN announces major enhancements to its purpose-built g...
09/04/2026
Hitomi Broadcast has expanded its sales team with the addition of Nicola Milburn as Technical Sales Manager. In this role, Nicola will work with customers and p...
09/04/2026
Revolutionary combined solution brings sub-second latency, resilient delivery, and workflow orchestration to global broadcasters and digital platforms
Layercak...
09/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...