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Court Rules FCC Lacks Authority to Enforce Net Neutrality
The SIXTH CIRCUIT COURT OF APPEALS recently ruled that the FEDERAL COMMUNICATIONS COMMISSION (FCC) lacks the authority to enforce net neutrality rules. They were designed to ensure that all online services and websites are treated equally by internet service providers (ISPs). The decision means they would not be required to offer equal speeds and costs for all types of content.
First introduced under the OBAMA administration in 2015, the net neutrality rules were repealed during the TRUMP presidency in 2017. The recent court ruling is a setback for the BIDEN administration, which sought to restore the rules as part of its broadband agenda.
The appellate court referenced the recent SUPREME COURT decision in LOPER BRIGHT, which restricts federal agencies like the FCC from broadly interpreting their regulatory authority.
FCC Chair JESSICA ROSENWORCEL expressed disappointment and called for CONGRESS to enact legislation that would turn neutrality into federal law. She emphasized the public’s desire for a “fast, open, and fair” internet.
In APRIL 2024, the FCC voted to re-establish regulatory control over broadband and reinstate net neutrality rules, but industry groups quickly challenged the decision. The legal challenges led to a temporary court order that paused the FCC’s efforts pending further review.
Despite the recent federal ruling, state-level net neutrality laws, such as those in CALIFORNIA, remain unaffected and continue to uphold fair internet practices.