A federal court on Thursday rejected the Biden administration’s push to restore so-called “net neutrality” rules that require internet service providers like AT&T to treat all legal content equally, citing a lack of authority in regulating internet providers.
It was a major blow for open internet proponents, who have for years urged the adoption of protections against service providers, including AT&T, Verizon Communications, and Comcast.
The Federal Communications Commission first implemented such rules during former Democratic President Barack Obama but later reversed them during the first term of Republican Donald Trump.
As President Trump is now poised to enter the White House for a second term, the decision probably ends the long-running legal battle over the issue.
In their decision, the judges noted that different administrations have gone back and forth on the issue.
They countered the court no longer needed to pay “deference” to how the FCC read the law, as evidenced by the high court in its recent limit of federal agency’s authority over interpretations of a law, with many critics forecasting it will now be used for rollbacks into regulation in coming years.
The Sixth Circuit Court of Appeals summarized the recent case as ” End the FCC vacillations about how to move forward, under application of Loper Bright.”
Brenden Carr, a Republican member of the FCC whom Trump has chosen to lead, expressed delight at the court’s ruling against the Biden administration’s “Internet power grab.”
The outgoing Democratic commissioner of the FCC said that with this decision, the question has been tossed to Congress.
Consumers throughout the country “have told us time and time again that they want an internet that is fast, open and fair,” said Jessica Rosenworcel.
“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 into federal law.”
