U.S. Appeals Court Strikes Down Net Neutrality Rules
A federal appeals court overturned the FCC's net neutrality rules that prohibited internet service providers from throttling, blocking content, or charging more for delivery. The ruling cited the recent overturning of Chevron deference, reducing agencies' ability to interpret ambiguous federal law.
- The Sixth Circuit Court of Appeals stated that the FCC does not have the authority to regulate wireless and home-broadband services under the same rules that have traditionally governed communication services in the United States.
- The three-judge panel referenced Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that overturned Chevron deference. This doctrine previously required courts to defer to regulatory agencies on interpreting unclear laws.
"This order – issued during the Biden administration – undoes the order issued during the first Trump administration, which undid the order issued during the Obama administration, which undid orders issued during the Bush and Clinton administrations," the court said.
- Net neutrality rules mandate internet service providers to treat all data and users equally, prohibiting access restrictions, speed reductions, or content blocking for specific users. They also prohibit special arrangements that grant enhanced speeds or access to favored users.
- Net neutrality advocates argue that internet service is a vital utility and that providers should be regulated to prevent abuses, such as giving speed advantages to higher-paying customers.
"In sum, mobile broadband does not qualify as “commercial mobile service” under § 332(d)(1) and therefore may not be regulated as a common carrier," was stated in the ruling.
- Former FCC Chairwoman Jessica Rosencel described net neutrality as "a necessity for daily life." She stated that Americans desire "fast, open, and fair" internet service and urged Congress to take action.
- Incoming FCC Chair Brendan Carr, who opposed reinstating net neutrality last year, praised the decision to invalidate what he termed Biden's "internet power grab" and vowed to unwind further regulations.
- USTelecom industry group, representing members like AT&T and Verizon, stated in a joint statement with other groups that sued that the ruling is "a victory for American consumers," promising increased investment, innovation, and competition in the digital marketplace.
- The Trump administration is unlikely to appeal the decision, but net neutrality advocates can still seek a review by the Supreme Court.
- The decision still upholds state neutrality rules established by California and other states.
Court Ruling
Reuters Article / Archive
Wired Article / Archive
CBS Article / Archive
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