Boyden Gray & Associates represented TechFreedom and several internet entrepreneurs in a challenge to the Federal Communication Commission’s “net neutrality” regulation of broadband internet providers as common carriers under the Communications Act of 1934. Although the D.C. Circuit sitting en banc voted to uphold the FCC’s Open Internet Order, two dissenting judges adopted the firm’s argument that the order exceeds the FCC’s power because regulation of internet-service providers as common carriers is a “major question” about which Congress must speak clearly before the FCC may act. The FCC ultimately repealed the Open Internet Order. The firm has also represented parties challenging the FCC’s allocation of electromagnetic spectrum.

Net Neutrality

Low-Power Television