Wiley Successfully Challenges FCC Net Neutrality Rules

January 14, 2025

Washington, DC – Wiley has secured a significant victory on behalf of WISPA—The Association for Broadband Without Boundaries—successfully challenging the Federal Communications Commission’s (FCC) classification of broadband as a Title II service (sometimes called the “net neutrality” rules). In a high-stakes, politically significant appeal, WISPA, along with other industry groups, challenged the FCC’s reclassification of broadband services under Title II, a decision that would have imposed billions of dollars in costs on the broadband industry.

In a January 2 decision, a three-judge panel for the U.S. Court of Appeals for the Sixth Circuit ruled that the FCC lacked the authority to reinstate net neutrality rules, holding that broadband providers must be classified as a Title I "information service" rather than as a “telecommunications service” under the Communications Act. This decision will help unleash innovation and investment in the broadband industry, especially on behalf of smaller providers like WISPA’s members.

Read the full decision here.

“This is an important win for consumers and innovation. It ensures that the broadband industry can continue to evolve, expand, and deliver reliable, high-quality services to the American people at lower costs, without the burden of unnecessary regulatory constraints,” said Thomas M. Johnson, Jr., who serves as lead counsel for WISPA.

The Wiley team representing WISPA also includes partners Joshua S. Turner and Jeremy J. Broggi, and associate Boyd Garriott.