A federal appeals court has ruled that the Federal Communications Commission (FCC) did not have the authority to reinstate specific net neutrality regulations last year. The decision dealt a blow to FCC Democrats and officials from the Biden administration who had advocated for the reinstatement of open internet measures. The ruling, issued by the 6th Circuit Court of Appeals on Thursday, overturned the FCC’s vote from last year, which had brought back net neutrality rules preventing broadband providers from blocking or slowing down internet traffic to certain websites while favoring others that paid additional fees.
The three-judge panel cited a Supreme Court ruling from June that restricted the power of executive agencies by overturning the Chevron deference doctrine, which had previously required judges to defer to agencies in cases where the law was unclear. With this decision, judges are now expected to rely on their own interpretation of the law rather than deferring to the agencies.
Judge Richard Allen Griffin, in collaboration with Judge John K. Bush, argued that broadband should be classified as an “information service” rather than a “telecommunications service,” as declared by the FCC in its order last year. The net neutrality rules were initially established in 2015 under the Obama administration but were rolled back during President Trump’s first term in 2017. The FCC, led by Democratic Chair Jessica Rosenworcel, voted along party lines last April to reinstate the rules, prompting Rosenworcel to call on Congress to take action following the recent ruling.
In a statement, Rosenworcel emphasized the importance of consumer input, stating, “Consumers across the country have repeatedly expressed their desire for a fast, open, and equitable internet. With this ruling, it is evident that Congress must now respond to their demands, champion net neutrality, and enshrine open internet principles into federal law.” Proponents of net neutrality argue that it is essential for maintaining a fair and open internet, while opponents contend that the regulations would expand government oversight of the internet to address a problem that is not particularly widespread.
Republican Commissioner Brendan Carr, who is set to assume the role of chair as the commission transitions to a GOP majority this month, voted against reinstating the rules last year. Carr criticized the agency’s rationale for reclassifying broadband service under Title II of the Communications Act, describing it as a “laundry list of spurious justifications.” The decision by the 6th Circuit Court of Appeals represents a significant development in the ongoing debate over net neutrality and the regulatory framework governing the internet.
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