A U.S. Court of Appeals for the Sixth Circuit in Cincinnati ruled Thursday that the FCC lacks legal authority to reinstate net neutrality rules first implemented in 2015.
Jacquelyn Martin/AP/AP
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Jacquelyn Martin/AP/AP
A federal appeals court has struck down the Federal Communications Commission’s net neutrality rules, ending a 20-year effort to regulate Internet service providers as a public utility.
A U.S. appeals court for the Sixth Circuit in Cincinnati ruled Thursday that the FCC lacks legal authority to reinstate historic net neutrality rules.
It’s a largely partisan issue that has pushed Democrats to the side of so-called net neutrality in an effort to hold ISPs more accountable for providing fast, secure and reliable internet for everyone. The move is a blow to the Biden administration, which had prioritized implementing net neutrality rules.
Net neutrality was first introduced by the FCC during the Obama administration in 2015 and was repealed two years later under President Donald Trump.
Then, last year, the FCC effectively restored net neutrality by voting to reclassify broadband as a utility, like water and electricity, to regulate Internet access. Under the Communications Act of 1934, these public utilities are subject to government regulation.
In doing so, the FCC aimed to hold ISPs responsible for outages, require more robust network security, protect fast speeds, and require greater protection of consumer data.
Brendan Carr, the new FCC chairman appointed by President-elect Trump, celebrated in a statement the appeals court’s decision to overturn what he called “Biden’s Internet takeover,” and added that he would continue to work to ease the Biden administration’s regulations.
Current FCC Chair Jessica Rosenworcel, meanwhile, urged Congress to act on the ruling.
“Consumers across the country have told us time and time again that they want fast, open and fair internet,” she said in a statement. “With this decision, it is clear that Congress must now answer their call, take responsibility for net neutrality, and enshrine the principles of the open Internet into federal law.”
Following last year’s FCC order to restore net neutrality, USTelecom, a trade group that represents ISPs including AT&T and Verizon, sued and convinced the appeals court to temporarily block net neutrality rules while it considered the industry’s case.
USTelecom praised Thursday’s decision in a statement, calling the adopted rules “a victory for American consumers that will lead to more investment, innovation and competition in the dynamic digital marketplace.”
Despite the decision to end federal surveillance, strict net neutrality rules adopted in California, Washington, Oregon and other states will remain in effect.
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