A federal appeals court dealt a major blow to net neutrality regulations this week, ruling that the Federal Communications Commission (FCC) lacks authority to impose broad internet service rules. The decision by the Sixth Circuit Court of Appeals effectively ends the FCC's latest attempt to regulate how internet service providers manage web traffic.
The court determined that broadband providers offer an "information service" rather than a "telecommunications service" under current law, placing them outside the FCC's traditional regulatory scope. This distinction proved critical, as the FCC's authority primarily covers telecommunications services.
The ruling stems from a recent Supreme Court decision that overturned the Chevron deference - a legal doctrine that previously gave federal agencies substantial flexibility in interpreting unclear laws. Without this deference, the court found no basis for the FCC's broad interpretation of its powers.
"This decision nullifies the FCC's Safeguarding Order that would have restored net neutrality rules," said FCC Chairwoman Jessica Rosenworcel, who called on Congress to codify net neutrality principles into law.
Net neutrality regulations, first implemented under the Obama administration in 2015 and later repealed during the Trump presidency, aimed to prevent internet service providers from discriminating against certain websites or online services. The Biden administration attempted to resurrect these rules through executive action and FCC policy.
Republican FCC Commissioner Brendan Carr, soon to become agency chair, welcomed the court's decision. He criticized the Biden administration's position that internet services would deteriorate without net neutrality regulations.
The ruling leaves the future of internet service regulation in Congress's hands. However, given the current political climate and competing legislative priorities, swift congressional action appears unlikely.
This decision marks a defining moment in the decade-long debate over internet regulation in America, potentially closing a chapter on federal efforts to impose comprehensive net neutrality rules through administrative action.