Background: The United States Supreme Court today denied cert (4-3) in the D.C. Circuit Court of Appeals decision in USTelecom and CenturyLink, Inc. v. Federal Communications Commission, a case that upheld the FCC’s 2015 Open Internet Order under former Chairman Tom Wheeler. The FCC’s more recent 2017 Restoring Internet Freedom Order (RIF) under Chairman Ajit Pai classified broadband as an information service, a designation previously upheld by the Supreme Court in the Brand X case.
The following statement can be attributed to Jonathan Spalter, president and CEO, USTelecom:
“This decision is not surprising because the D.C. Circuit’s original decision was superseded by the FCC’s Restoring Internet Freedom Order that correctly restored broadband as an information service. RIF remains the law of the land and is essential to an open internet that protects consumers and advances innovation. USTelecom will continue to support that order from challenges in Washington, D.C. and state capitals.”