On July 12, 2024, the U.S. Court of Appeals for the Sixth Circuit issued an Order that administratively stays implementation of the FCC's May 7, 2024 Order reclassifying broadband Internet access services as a telecommunications service subject to the agency's authority under Title II of the Communications Act of 1934, as amended (“Title II Order”). The Court's Order stays, until August 5, 2024, implementation of the Title II Order (which would have required compliance by BIAS providers by July 22), while the Court continues to consider a stay request filed by broadband providers.

The 6^th Circuit requested that parties submit supplemental briefs by July 19 “with respect to the application of stare decisis” and the U.S. Supreme Court's 2005 Brand X decision. Brand X held that FCC decisions regarding the regulation of Internet service providers are entitled to deference under the Chevron framework, which the Supreme Court overruled last month.