Court blocks FCC effort to restore net neutrality rules

An appeals court struck down the Federal Communications Commission’s (FCC) net neutrality rules on Thursday, ending a nearly 20-year fight over broadband regulation. It ruled the FCC lacked the authority to consider internet providers as utilities.

The FCC has long argued wireless and home-broadband services like AT&T should follow the same rules as telephone providers. It wanted to reinstate rules preventing providers from slowing or blocking content on the internet.

The judges noted that the court no longer had to give “deference” to the FCC’s reading of the law, pointing to a recent Supreme Court decision that curbed US agencies’ leeway to interpret federal law when the statutory language is ambiguous, a decision that critics expect will be used to weaken regulation in the years ahead.

The latest ruling halts the Biden administration’s key tech policy, supported by Google and Netflix but opposed by telecom giants like Comcast and AT&T.

The FCC voted in April to restore net neutrality, aiming to stop providers from favoring certain services. The policy, first enacted in 2015 under former President Barack Obama, was repealed in 2018 under the Trump administration. 

The ruling won’t affect state laws in California, Washington and Colorado.

Brendan Carr, a Republican member of the FCC and President-elect Donald Trump’s pick to lead the agency, said he was pleased with the court’s decision.

FCC Chair Jessica Rosenworcel called on Congress to pass net neutrality laws, warning that broadband providers could restrict open internet access without regulation.