The U.S. Court of Appeals for the Sixth Circuit has once again blocked the Federal Communications Commission’s (FCC) net neutrality rules from going into effect, just days before a prior pause order was set to expire. This ruling comes as part of an ongoing legal challenge against the FCC’s authority to enforce these rules. According to the three-judge panel from the Sixth Circuit, broadband providers are likely to succeed in their argument that the FCC exceeded its authority. The court further noted that the issue of net neutrality “is likely a major question requiring clear congressional authorization,” which it believes federal lawmakers have not granted to the FCC.
For more information, see the Bloomberg Law article.
This decision represents a significant setback for the FCC under President Joe Biden, who has been a proponent of open-internet rules. Initially set to take effect on July 22, these rules were first paused earlier this month and were set to expire on August 5. The court’s latest decision extends this pause, delaying the implementation of the net neutrality rules even further.
The panel has scheduled oral arguments for late October or early November, which will be heard by a new, randomly-selected trio of judges. Chief Judge Jeffrey S. Sutton, who concurred with the decision, pointed out that Congress probably did not intend for net neutrality rules to be imposed on broadband providers.
The rules in question, which were passed by a 3-2 vote in April, aim to prevent cable and phone providers such as Comcast and AT&T from blocking or slowing down internet traffic to competitors, including Google and Netflix. They also prohibit telecommunications companies from creating “fast lanes” to give preferential treatment to their business partners’ websites. Critics, including service providers and Republicans, argue that these rules invite unnecessary government interference and claim the broadband market is functioning well without them.
FCC Chairwoman Jessica Rosenworcel expressed disappointment over the decision yet maintained that the fight for net neutrality will continue. Conversely, Commissioner Brendan Carr, the senior Republican at the FCC, lauded the court’s ruling, describing it as a victory against regulatory overreach from Washington.
The case, named In re: MCP No. 185 Open Internet Rule (FCC 24-52), will proceed with further legal examination in the coming months.