Net neutrality dealt a final defeat in a blow to the Democrats

Reuters
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A US appeals court ruled Thursday that the Federal Communications Commission did not have the legal authority to reinstate landmark net neutrality rules.

The decision is a blow to the outgoing Biden administration that had made restoring the open internet rules is a priority. President Joe Biden signed an executive order in 2021 urging the FCC to reinstate the rules.

A three-judge panel of the Cincinnati-based 6th US Circuit Court of Appeals said the FCC lacked authority to reinstate the rules originally implemented in 2015 by the agency under Democratic former President Barack Obama, but then repealed by the commission in 2017 under the republican fv. President Donald Trump.

Net neutrality rules require ISPs to treat Internet data and users equally, instead of restricting access, slowing down speeds, or blocking content for certain users. The rules also prohibit special arrangements where ISPs provide enhanced network speeds or access to preferred users.

The court cited the Supreme Court June decision in a case known as Loper Bright to overturn a 1984 precedent that had respected government agencies in interpreting laws they administer in the latest decision to limit the authority of federal agencies. “Applying Loper Bright means we can end the FCC’s vacillation,” the court ruled.

The decision leaves in place state neutrality rules adopted by California and others but could end more than 20 years of efforts to give federal regulators comprehensive oversight of the Internet.

Incoming FCC chairman Brendan Carr voted against the reinstatement last year, praising the decision to invalidate what he called Biden’s “internet power grab.” He promised to dismantle further regulations.

FCC Chair Jessica Rosenworcel urged Congress to act on the decision. “Consumers across the country have told us time and time again that they want an internet that’s fast, open and fair. With this decision, it’s clear that Congress now needs to heed their call, take on the net neutrality tax and enshrine open internet principles in federal law,” Rosenworcel said in a statement.

FCC voted in April along party lines to resume regulatory oversight of broadband internet and reinstate open internet rules. Industry groups sued and convinced the court to temporarily block the rules as they considered the case.

USTelecom, an industry group whose members include AT&T and Verizon, said in a joint statement with other groups that sued that the ruling is “a victory for American consumers that will lead to more investment, innovation and competition in the dynamic digital marketplace.” ”

Former FCC Chairman Ajit Pai said the court’s decision should mark the end of efforts to reimpose the rules and a shift in focus to “what actually matters to American consumers — like improving Internet access and promoting online innovation.”

The Trump administration is unlikely to appeal the ruling, but net neutrality advocates may seek a Supreme Court review.

The rules would have given the FCC new tools to crack down on Chinese telecommunications companies and the ability to monitor Internet service outages.

A group representing companies including Amazon.com, Apple, Alphabet and Meta Platforms had supported the FCC’s net neutrality rules.