Administrative law is the (suboptimal) answer to congressional gridlock, which is the real problem. If Congress is incapable of making new laws, we still need them somehow. Regardless the overturning of Chevron deference makes administrative rules like this more susceptible to challenge. Assuming the telcos have the backbone to do so of course.

> If Congress is incapable of making new laws, we still need them somehow.

Do we though? When there is a lack of consensus on what federal law should be, those are exactly the times the federal apparatus should be silent and leave it to the states.

Congress passes plenty of laws. 95 so far just since the last election: https://www.congress.gov/public-laws/119th-congress Last congress passed 274. It's really only the controversial stuff that gets gridlocked.

The problem is that our government is now so large and complicated that it's simply no longer possible for Congress to effectively set policy for all of it. (This would be true even if they weren't so polarized.) So instead they just keep delegating more and more power to the executive branch.

The Administrative Procedures Act, Congressional Review Act, and the recent overturning of Chevron are all good checks on executive/agency power here, but I don't think any of them solves the fundamental issue that the executive branch was simply never designed to wield this kind of power. I'm not really sure what the right solution is.