By David Shepardson
WASHINGTON (Reuters) – A U.S. appeals court ruled on Tuesday the Federal Communications Commission did not have the legal authority to reinstate landmark net neutrality rules.
A three-judge panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals said the FCC (BME:FCC) lacked authority to reinstate the rules initially implemented in 2015 by the agency under Democratic former President Barack Obama, but then repealed by the commission in 2017 under Republican former President Donald Trump. President Joe Biden had encouraged the FCC to reinstate the rules.
Net neutrality rules require internet service providers to treat internet data and users equally rather than restricting access, slowing speeds or blocking content for certain users. The rules also forbid special arrangements in which ISPs give improved network speeds or access to favored users.
The court cited the Supreme Court’s June decision in a case known as Loper Bright to overturn a 1984 precedent that had given deference to government agencies in interpreting laws they administer, in the latest decision to curb the authority of federal agencies. “Applying Loper Bright means we can end the FCC’s vacillations,” the court ruled.
The FCC did not immediately comment.
The FCC voted in April along party lines to reassume regulatory oversight of broadband internet and reinstate open internet rules adopted in 2015 that were rescinded under then-President Trump. Industry groups filed suit and successfully convinced the court to temporarily block the rules as they considered the case.
The rules would give the FCC new tools to crack down on Chinese telecom companies and the ability to monitor internet service outages.
