Title II Broadband Classification is a 'Straightforward' Major Questions Violation, ISPs Tell 6th Circuit

USTelecom, NCTA, CTIA, ACA Connects, the Wireless ISP Association, and several state telecom groups argued the provision of internet access has "always been the core driver of the information-service classification and that function remains unchanged today" (see 2409120032). The FCC "offers little more than its say-so to support its contrary view," the coalition said, adding that its "forced forbearance and strained reclassification of mobile broadband" underscores "how poorly broadband fits into the Title II scheme." The groups argued that the FCC "lacks any good explanation from departing from its prior view" that the costs of reclassification outweigh any benefits and hasn't addressed the major questions doctrine's "obvious political salience." Congress didn't clearly authorize the FCC to classify broadband as a telecom service, the groups noted, adding it should remain a Title I information service because it includes domain name systems and caching, which are "integral information-processing components." The coalition also argued the FCC lacked statutory authority to classify mobile broadband as a commercial mobile service under Title II because it's not part of the public switched network, or the ten-digit telephone network, which is "distinct" from the public internet.