A federal appeals court ruled this week the Federal Communications Commission (FCC) lacked the authority to restore certain net neutrality rules last year, handing a blow to FCC Democrats and Biden administration officials who pushed for revived open internet measures.
The Thursday ruling by the 6th Circuit Court of Appeals overturns last year’s FCC vote, which reinstated the net neutrality rules barring broadband providers from blocking or throttling internet traffic to some websites and speeding up access to others that pay extra fees.
The net neutrality rules were first approved in 2015 under former President Obama but repealed under President-elect Trump’s first term in 2017.
The commission voted along partisan lines last April to restore the rules under the leadership of Democratic FCC Chair Jessica Rosenworcel.
“With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law.” Advocates of net neutrality argue it is necessary for ensuring a fair and open internet, while critics claim the rules would expand government control over the internet to solve a problem that has not proved especially pervasive.
The Federal Communications Commission (FCC) Democrats and Biden administration officials who advocated for the revival of open internet policies were dealt a blow this week when a federal appeals court decided that the FCC lacked the authority to reinstate some of the net neutrality regulations from the previous year.
The FCC’s vote last year, which restored the net neutrality rules prohibiting broadband providers from blocking or throttling internet traffic to certain websites while accelerating access to others that pay additional fees, was overturned by the 6th Circuit Court of Appeals’ decision on Thursday.
The three-judge panel cited a June Supreme Court ruling that reduced the authority of executive agencies by rejecting Chevron deference, a legal theory that had previously directed judges to yield to agencies when the law was unclear.
Judges are now expected to overrule the agencies’ decision and replace it with their own best interpretation of the law.
Writing on behalf of himself and Judge John K. In contrast to the FCC’s ruling from last year, Bush wrote that broadband should be regarded as an “information service” rather than a “telecommunications service.”.
Prior to being repealed during President-elect Trump’s first term in 2017, the net neutrality regulations were first approved in 2015 under former President Obama. Last April, the commission, led by Democratic FCC Chair Jessica Rosenworcel, voted along party lines to reinstate the rules.
Rosenworcel urged Congress to respond to the decision on Thursday.
“We’ve heard repeatedly from consumers nationwide that they want a fast, open, and equitable internet,” she wrote in a statement. It is evident from this ruling that Congress must now pay attention to their plea, defend net neutrality, and enshrine open internet principles in federal law. “.”.
While opponents contend the regulations would increase government control over the internet to address a problem that hasn’t proven particularly widespread, proponents of net neutrality contend it is essential for maintaining an open and equitable internet.
As the commission transitions to a GOP majority, Republican Commissioner Brendan Carr, who is anticipated to assume the chair this month, voted against restoring the rules last year, claiming the agency “offers up a laundry list of bogus justification” for introducing broadband service under Title II of the Communications Act.
