D.C. Memo: Sixth Circuit Refuses to Reconsider Takedown of FCC's Net Neutrality Rules

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Title II: As expected, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati yesterday refused to reconsider its Jan. 2, 2025 decision striking down Net Neutrality regulations adopted under then-FCC Chairwoman Jessica Rosenworcel in 2024. FCC Chairman Brendan Carr strongly opposed the regulations as a regular Commissioner, raising questions about the FCC’s next legal moves in the case. “Given his prior dissents, Chairman Carr will likely continue to stave off any regulations akin to ‘Net Neutrality,’ oppose any further review of the 6th Circuit's decision, and focus instead on closing the digital divide by facilitating infrastructure and broadband service deployment,” said lawyers at Davis Wright Tremaine in a client memo a day before the Sixth Circuit’s new ruling, A few ISP trade groups issued statements. “This is good news for ISPs and the consumers they serve. The Internet exploded with growth and innovation because Depression-era rules were absent. The Court’s ruling is yet further confirmation that utility-style regulation of ISPs is inapt to protect the public interest,” said a spokesperson for WISPA, a trade group for fixed wireless operators. At least one Rosenworcel supporter did not have an immediate sense about appealing to the Supreme Court. “While en banc rehrearings are rarely granted, of course we think this one should have been. We will be considering how best to proceed,” said John Bergmayer, Legal Director at Public Knowledge, which sought rehearing along with New America’s Open Technology Institute, and the Benton Institute for Broadband & Society. Yesterday’s court order was issued by Circuit Judges Richard Allen Griffin, Raymond M. Kethledge, and John K. Bush, the same judges who heard oral arguments on Oct. 31, 2024. All were appointed by Republican Presidents. (Continued after paywall.)