Senators Wyden and Markey Blast Sixth Circuit Ruling on FCC’s Authority to Issue Net Neutrality Rules
Washington, D.C. – U.S. Senators Ron Wyden (D-Ore.) and Edward J. Markey (D-Mass.) released the following statement after the U.S. Court of Appeals for the Sixth Circuit ruled that the Federal Communications Commission (FCC) lacks the authority to issue net neutrality rules.
“Without net neutrality, consumers, small businesses, and innovators alike will face increased costs, reduced choice, and less competition. It is a lose-lose-lose,” said the senators. “The Sixth Circuit's decision to overturn the FCC's net neutrality rules is deeply disappointing and undermines the free and open internet. This ruling upends the fundamental principle that internet service providers should not act as gatekeepers, favoring certain users, content, or services over others.
“Today’s opinion also underscores the serious flaws with the Supreme Court's decision to overturn its longstanding precedent established in Chevron v. NRDC granting deference to agencies’ interpretations of their ambiguous statutes. The Sixth Circuit opinion makes basic errors about communications technologies, neatly illustrating why expert regulators, not judges, are best positioned to make complex public policy decisions.
“With the incoming Trump administration hostile to broadband regulations and intent on using communications law to target its political opponents, we are clear-eyed about the immediate future for net neutrality protections. But the fight for a free and open internet is not over. We will continue to fight to restore these essential rules and ensure that consumers and entrepreneurs don’t have to kiss lower prices, competition, and choice goodbye because of Donald Trump’s devotion to corporate interests.”
On August 1, 2024, Senators Wyden and Markey condemned the Sixth Circuit’s stay of the FCC’s rule reclassifying broadband as a telecommunications service under Title II of the Communications Act and reinstating net neutrality protections. In April 2024, Senators Wyden and Markey led a letter urging the FCC to finalize a strong net neutrality rule. In September 2023, Senators Wyden and Markey led 25 of their Senate colleagues in writing to the FCC urging it to reclassify broadband as a telecommunications service under Title II of the Communications Act and restore net neutrality protections. Senators Wyden and Markey previously introduced the Net Neutrality and Broadband Justice Act, which would accurately classify broadband as a telecommunications service under Title II of the Communications Act. In 2006, Senators Wyden and Markey introduced the first neutrality bills in the House of Representatives and Senate, respectively.
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