A U.S. appeals court on Thursday blocked the Federal Communications Commission from reinstating landmark net neutrality rules, saying broadband providers are likely to prevail in court.
The FCC voted along party lines in April to resume regulatory oversight of broadband internet, reinstating open internet rules adopted in 2015 that had been rolled back under then-President Donald Trump.
The 6th U.S. Circuit Court of Appeals, which had temporarily stayed implementation of the rules, on Thursday announced a temporary block on net neutrality rules and scheduled oral arguments on the issue for late October or early November, dealing a major blow to President Biden’s efforts to reinstate the rules.
“The final rule suggests serious problems, and the Commission has not met the high bar for imposing such restrictions,” the court wrote. “Net neutrality is likely a serious issue requiring explicit Congressional authorization.”
On July 12, the court temporarily put net neutrality rules on hold until August 5 while it considers the industry’s legal challenges.
“Americans want a fast, open, and fair internet,” said FCC Chairman Jessica Rosenworcel. “Today’s decision by the Sixth Circuit is a setback, but we will not give up the fight for net neutrality.”
Net neutrality rules require internet service providers to treat internet data and users equally, instead of restricting access, slowing down speeds or blocking content for certain users. The rules also prohibit ISPs from making special arrangements to give preferential users better network speeds or access.
The rules would ban internet service providers from blocking or slowing traffic to certain websites or prioritizing legal content for a fee, and would give the FCC new tools to crack down on Chinese telecommunications companies and the ability to monitor internet service outages.
Restoring net neutrality has been a top priority for Biden, and he signed an executive order in July 2021 urging the FCC to reinstate rules adopted in 2015 under fellow Democrat President Barack Obama.
Under the Trump administration, the FCC had argued that net neutrality rules were unnecessary, would stifle innovation and lead internet service providers to reduce investment in their networks, but Democrats disagreed.
