On January 2, 2025, the Sixth Circuit held that the Federal Communications Commission’s (FCC) categorization of broadband as a heavily regulated common carrier service was contrary to the Communications Act of 1934. The decision was a victory for WLF, which joined TechFreedom on an amicus brief urging the court to overturn FCC’s Open Internet Order. Agreeing with WLF and TechFreedom’s brief, the court reasoned that the statute’s plain language, structure, and history dictate that Internet Service Providers offer information, not telecommunication, services, and thus merit lighter-touch regulation under Title I.
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