Regarding the Sixth Circuit’s issuance of an order staying implementing of the FCC decision to regulate Internet service providers as common carriers, Free State Foundation President Randolph May issued the following statement:
“Not since Daniel read the proverbial handwriting on the wall to King Belshazzar have predictions of doom been a safer bet. From the initiation of the FCC’s proceeding to regulate Internet service providers as common carriers, it’s been clear that the FCC’s action likely would be held unlawful as exceeding the agency’s authority. While the Sixth Circuit’s action is not a final determination, here’s today’s prediction. If the FCC pursues this case to the Supreme Court, it will lose because the Court has already telegraphed, in West Virginia v. EPA, that whether the FCC may regulate Internet providers as common carriers is a Major Question —and one that Congress has not clearly authorized the FCC to decide. In other words, the handwriting is on the wall, and you don’t have to be Daniel to read it.
“It would be so much better for America’s consumers if the Commission and the Biden Administration would turn away from the pursuit of fruitless aggressive regulatory endeavors, such as those pursued in the now-stayed Title II proceeding and the Digital Discrimination proceeding, and focus their energies on policies that would speed deployment to those still waiting for the remaining broadband deployment gaps to be filled."
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