The US Court of Appeals has blocked the FCC’s reinstatement of net neutrality rules, stating that broadband providers are likely to succeed in a legal challenge. The FCC had voted in April, along party lines, to reassume regulatory oversight of broadband internet and reinstate open internet rules adopted in 2015 that were rescinded under former President Donald Trump. The Sixth Circuit US Court of Appeals temporarily delayed the rules and announced that oral arguments would be scheduled for late October or early November, dealing a significant blow to President Biden’s efforts to reinstate the rules.
The court expressed that the final rule raised a major question and that the commission had failed to meet the high bar for imposing such regulations. They believe that net neutrality is a significant issue that requires clear congressional authorization, and therefore have placed a temporary hold on the net neutrality rules, initially set until August 5, as they review industry legal challenges. Despite this setback, FCC Chair Jessica Rosenworcel stated that the fight for net neutrality would continue as the American public desires an internet that is fast, open, and fair.
Net neutrality rules require internet service providers to treat internet data and users equally, preventing them from restricting access, slow down speeds, or block content for certain users. Additionally, these rules would forbid special arrangements where ISPs provide improved network speeds or access to favored users. The reinstated rules would also prohibit ISPs from blocking or slowing down traffic to specific websites, engaging in paid prioritization of lawful content, and give the FCC the authority to monitor internet service outages and crack down on Chinese telecom companies.
President Biden has made reinstating net neutrality a priority, signing an executive order in July 2021 encouraging the FCC to restore the rules established in 2015 under President Barack Obama. Contrary to the Biden administration’s efforts, the FCC under Trump argued that net neutrality rules were unnecessary, blocked innovation, and led to a decline in network investment by internet service providers. However, Democrats dispute this claim and argue that net neutrality is crucial in ensuring fair and equal access to the internet for all users.
The decision by the Sixth Circuit to block the reinstatement of net neutrality rules is a setback for the Biden administration’s efforts. The court believed that the FCC did not provide adequate justification for imposing the regulations and that net neutrality is a significant issue that requires congressional authorization. Despite this setback, Chair Jessica Rosenworcel stated that the fight for net neutrality would continue as the American public demands an open, fast, and fair internet. The rules aim to prevent ISPs from limiting access, slowing down speeds, or blocking content for specific users, ensuring equality and fairness in internet access for all. Ultimately, the battle for net neutrality continues, with future oral arguments scheduled to address the legal challenges surrounding the reinstatement of the rules.
