A federal appeals court on Thursday halted the Federal Communications Commission's (FCC) years-long attempt to impose stricter regulations on the Internet.
Net neutrality regulations require Internet service providers to provide access to all websites and content providers at uniform rates and speeds, regardless of size or nature of content. The Sixth Circuit said the FCC does not have the authority to regulate wireless and home broadband services under the regulatory framework that has historically applied to telephone services. According to In the Wall Street Journal.
The ruling follows the Supreme Court's earlier this summer overturning the Chevron decision, a precedent that gave federal agencies broad discretion in interpreting ambiguous legal language. The court's rejection effectively deprives the FCC of its expanded interpretive scope.
Following the court's verdict, outgoing Democratic FCC Chairwoman Jessica Rosenworcel said there remains a strong demand among consumers for “fast, open, and fair” Internet service. As reported by the Journal, Rosenworcel said Congress should enshrine these principles into federal law. He also said the FCC's regulatory efforts have reached an impasse. (Related: 'Very Targeted': FCC Commissioner details 'layers of restrictions' in TikTok bill)
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As the WSJ reported, the policy quickly became a point of contention. Telecommunications giants oppose the move, saying it could lead to even stricter regulations. They said these efforts were a gateway to heavy-handed government control.
After Obama-era net neutrality rules were repealed in 2017, a series of legal challenges ensued, culminating in Thursday's final court ruling, WSJ reported. Rosenworcel started a new rulemaking process in 2023, advocating for stronger regulations to protect consumers and strengthen the federal government's cybersecurity efforts.
According to the Journal, industry representatives challenged Rosenworcel's new regulations, resulting in the Sixth Circuit preemptively blocking implementation of the regulations through a judicial review process. FCC Commissioner Brendan Kerr, a Republican who will soon become chairman of the communications regulator, praised the court's decision.
Carr has criticized attempts to reinstate previously repealed regulations as wasteful and a waste of resources. Carr derided the Biden administration's reliance on what he called the “Chicken Little” strategy, which paints a doomsday scenario for how the internet would function without net neutrality.
“The American people have now seen through the ruse,” Carr said.
The court's decision came in response to allegations that Congress improperly transferred its authority to the FCC. The FCC, along with a group of interest groups and carriers, is challenging a lower court ruling that found the mandate unconstitutional.
“For decades, this has increased the availability and affordability of critical communications services to millions of rural and low-income consumers, rural health facilities, schools and libraries across the country. It threatens to undermine the universal service programs that it has helped promote,” Consumer Research Group said in a statement.
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