The Sixth Circuit Court of Appeals ruled on Thursday that the Federal Communications Commission (FCC) lacks the authority to reinstate net neutrality rules, effectively ending a long-standing effort to regulate broadband providers like utilities. This decision is a setback for the Biden administration, which had prioritized restoring these rules to ensure internet service providers treat all content equally.
The ruling cited a recent Supreme Court decision that limits federal agencies’ authority to interpret laws, leading to a conclusion that the FCC cannot classify broadband as a telecommunications service. In a 26-page unanimous decision, the three presiding judges wrote that the FCC “lacks the statutory authority to impose its desired net-neutrality policies” because broadband providers are classified as an “information service” and are not a telecommunications service under federal law.
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The decision marks a victory for broadband providers and the incoming Trump administration, which opposes such regulations.
“I am pleased that the appellate court invalidated President Biden’s Internet power grab by striking down these unlawful Title II regulations,” said FCC Commissioner Brendan Carr, who has been nominated by President-elect Trump to serve as the agency’s next chair. “But the work to unwind the Biden Administration’s regulatory overreach will continue. I welcome the chance to advance a policy agenda that will deliver great results for the American people.”
Democratic FCC Chair Jessica Rosenworcel has called on Congress to legislate net neutrality, emphasizing consumer demand for a ‘fast, open, and fair’ internet.
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” she said. “With this decision, it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law.”
The decision does not affect state-level net neutrality laws, such as those in California.
Connor Walcott is the lead writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”
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