Net Neutrality Revisited

August 7 – 10:00 am to 10:45 am
Plaza Court 4/5


Thomas M. Johnson, Jr.

Wiley Law: Partner

In recent years, the FCC has hotly debated and repeatedly changed the regulatory classification of broadband under the Communications Act.  Due to different philosophical approaches to what rules should apply to broadband, the FCC has shifted between classifying broadband as a Title I “information service” and a Title II “telecommunications service” based on the partisan composition of the agency.  Empowered by the Chevron doctrine (and related Supreme Court decisions), the FCC has also taken the position that this issue is a policy call entrusted by Congress to the agency.

Recent judicial decisions may impact the Commission’s discretion moving forward.  Justice Kavanaugh has previously written that Title II classification of broadband presents a “major question” that the FCC cannot regulate without a clear statement from Congress.  And the Supreme Court recently overturned the longstanding Chevron framework, imposing a new standard in Loper Bright that will enable courts (rather than agencies) to determine the best reading of contested statutory terms. 

A coalition of trade associations has challenged the FCC’s most recent attempt to classify broadband as a Title II service.  Our panel will discuss these recent developments and what they might mean for the FCC, the courts, ISPs and consumers moving forward.    


Steve Coran

Lerman Senter: Attorney

Greg Guice

Vernonburg Group: Chief Policy Officer

Jeff Kohler

Rise Broadband: Co-Founder