A U.S. appeals court on Thursday, Jan. 2, blocked new rules governing internet service providers before they could take effect, delivering a setback to the Federal Communications Commission. The debate centers around giving federal regulators more control over internet companies through net neutrality policies.
Net neutrality was established under President Barack Obama, reversed by then-President Donald Trump, and reinstated by President Joe Biden. It’s an achievement the Biden administration has highlighted during his four years in office.
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Democrats at the FCC want broadband services regulated like traditional telephone networks but with stricter oversight.
In April 2024, the FCC approved rules designed to make the internet equally accessible to all users. The rules also prevented major companies from abusing their power. It included a ban on providers slowing down internet speeds based on the type of websites people visit.
However, the Sixth Circuit Court of Appeals ruled that the FCC lacks the authority to impose such rules. They cite federal law that classifies broadband as an “information service” rather than a “telecommunications service.”
The decision follows another case dubbed Loper Bright, which tossed out a doctrine, gave federal judges more powers and limited the ability of independent agencies to interpret unclear laws. The ruling marks a key moment in ongoing legal battles over federal oversight of internet service providers.
FCC Chairwoman Jessica Rosenworcel called on Congress to pass new legislation, saying, “Consumers across the country have told us again and again that they want an internet that is fast, open, and fair.”
Republicans, meanwhile, have argued for less government involvement.
Trump’s pick for FCC chairman, Brendan Carr, thanked the court for its ruling. He said, “The work to unwind the Biden administration’s regulatory overreach will continue.”
Though Trump is not yet in office, the ruling points to his ongoing promise to roll back Biden’s policies on regulating private companies.