An appeals court has overturned the Federal Communications Commission's latest net neutrality rules, which paved the way for internet service providers to arbitrarily control web access for customers and certain services.
The decision is the latest turning point in a decade-long battle in Washington over the FCC's ability to regulate telecommunications companies. It is also a sign that executive branch agencies have diminished authority to interpret the rules they enforce. Thanks to the Supreme Court's 2024 decision Loper Bright Enterprises v. Raimondo, the case overturned the court's previous precedent. This is called Chevron Respect. which makes various agencies Freedom to interpret vague laws
In 2015, the FCC under former President Barack Obama adopted a rule that categorizes broadband Internet service providers as telecommunications services. and prohibit them from arbitrarily blocking and controlling internet users. Or give preference to websites that pay for special treatment?
Under Donald Trump's first administration in 2018, the FCC rolled back those net neutrality rules. Then, in 2024, under Joe Biden, the FCC voted to restore them.
A coalition of telecommunications industry groups has sued to block the rule again. This led to a recent decision by the U.S. Court of Appeals for the Sixth Circuit.
three person committee write For the first 15 years after Congress passed the Telecommunications Act of 1996, the FCC also supervised the Internet. “light touch” and classifies internet service providers as “light touch” “information services” which limits the extent to which the agency can control service providers
This changed in 2015 when the agency interpreted internet service providers as telecommunications services. This is a different category under a 1996 law that allows for stricter regulations.
Among the many previous cases challenging net neutrality rules A federal court upheld the FCC's decision to classify Internet service providers as telecommunications services. It cited a 1984 Supreme Court case, Chevron USA Inc. v. Natural Resources Defense Council, Inc., which gave executive branch agencies authority to interpret ambiguities in laws passed by Congress.
But now the Supreme Court has now overturned the so-called Chevron ruling. The 6th Circuit Court of Appeals ruled that the FCC does not have authority to decide how to classify internet service providers.
In response to the decision, FCC Chair Jessica Rosenworcel called on Congress to act.
“Consumers across the country have told us time and time again that they want an internet that is fast, open and fair,” she said in a statement. “With this decision Clearly, Congress needs to heed their calls. Responsible for internet neutrality and incorporate open internet principles into federal law.”