Appeals Court Decision Deals Blow to FCC's Net Neutrality Ambitions
Joe Manzanares ??
??Cogent Colocation Certified??All posts and opinions are my own. ??A Global Information Services Sales Specialist??Top Tech Leader ??Working to end Childhood Malnutrition through #Buy1Nourish2
A federal appeals court has halted the Federal Communications Commission's (FCC) latest attempt to regulate internet service providers (ISPs) like public utilities. The Sixth Circuit Court of Appeals ruled that the FCC lacks the authority to impose the same regulations used for traditional telephone services on broadband providers.
This decision leans heavily on a recent Supreme Court ruling that limited the?federal agency's power to interpret ambiguous laws, effectively overturning the Chevron deference precedent. This Supreme Court decision has significantly constrained the leeway federal agencies have in interpreting laws.
FCC Chairwoman Jessica Rosenworcel, who spearheaded this renewed push for net neutrality rules, acknowledged the setback and urged Congress to codify net neutrality principles into law. These principles aim to prevent ISPs from prioritizing certain websites or content over others.
Net neutrality has been a politically contentious issue for over a decade. During the Obama administration, Democrats championed these rules, while cable and wireless companies opposed them, arguing they paved the way for excessive regulation. The FCC repealed the Obama-era rules in 2017, a decision that survived subsequent legal challenges.
In 2023, Rosenworcel initiated a new rulemaking process, citing the need for stronger consumer protections and enhanced cybersecurity. However, this effort faced challenges from the start, including delays in securing a Democratic majority on the FCC. Industry groups quickly challenged the new rules, leading the Sixth Circuit to block their implementation pending review.
Republican FCC Commissioner Brendan Carr, who is poised to become the next FCC chair, celebrated the court’s decision. He had previously criticized the renewed net neutrality push as a waste of resources, echoing the sentiment that the regulations were unnecessary and based on unfounded fears about the internet’s stability.
“All posts and opinions are my own”