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Chronicles

The story behind the story

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Judges accepted the rationale that offering DNS and caching makes broadband an information service, allowing the FCC to reclassify it from telecommunications

Judges reluctantly accepted claim that broadband isn't “telecommunications.”  —  The Federal Communications Commission …

Ars Technica Jon Brodkin

Context & Ripple Effects

Three years after ISPs lost their fight against Title II reclassification in court — the FCC had legally reclassified broadband as telecommunications in the net neutrality and Title II win — judges have now accepted the reverse move: that offering DNS and caching makes broadband an information service, freeing it from common-carrier treatment.

The verdict continues a pattern in which appeals courts give the FCC wide latitude over broadband policy, echoing how the same courts upheld the agency's removal of price caps on dedicated data lines from AT&T and Verizon. The judge's reluctance matters: the legal foundation stands, but the acceptance is grudging, leaving room for future reversals.

First-order effects

  • ISPs are immediately relieved of common-carrier obligations tied to Title II, operating instead under the FCC's lighter information-service framework.
  • The FCC retains authority to police broadband conduct voluntarily, but no longer through telecommunications regulation.

Second-order effects

  • Broadband rules now swing with each change of FCC leadership, since courts have shown they will back whichever classification the sitting commission argues for — the same deference later visible when a different court struck down the FCC's 2023 rule banning broadband access discrimination once the commission changed hands.
  • State-level workarounds gain urgency, though the courts' earlier finding that states may limit municipal broadband despite an FCC ruling caps how far local alternatives can substitute for federal policy.

Third-order effects

  • The structural lesson across these rulings is judicial deference to FCC reasoning itself: classification follows the agency's rationale, not fixed statutory meaning, so broadband governance becomes a recurring political contest rather than settled law.
  • The tribal-subsidies case shows the limit of that deference — the FCC gets leeway until it fails to supply evidence of harm — suggesting courts will arbitrate broadband access disputes case by case rather than lock in either regime.

The trend: US broadband regulation is settling into an oscillation between Title II and information-service regimes, paced by FCC administrations and validated by increasingly deferential courts.

Discussion

  • @gecaniaf Michael Gecan on x
    Net Neutrality Is Still Alive https://www.nytimes.com/...
  • @comex @comex on x
    Thoughts on the recent ruling against net neutrality (https://arstechnica.com/... for a biased summary): - Side benefit to non-ISP-provided DNS-over-HTTPS: if universal, it'd nullify the DNS part of their “DNS and caching” argument. (HTTPS itself already breaks the caching part..…