- US court suspended the Federal Communications Commission’s (FCC) attempt to re-implement net neutrality rules established in 2015.
- The court found that broadband service providers are likely to prevail in the upcoming legal dispute and has scheduled oral arguments on the topic for the end of the year.
OUR TAKE
In the United States, the road to restoring net neutrality rules has suffered another setback. On Thursday local time, a federal appeals court ruled to suspend the Federal Communications Commission’s (FCC) attempt to re-implement net neutrality rules established in 2015. The ruling poses a significant challenge to President Biden’s efforts to restore equal Internet principles. The court found that broadband service providers are likely to prevail in the upcoming legal dispute and has scheduled oral arguments on the topic for the end of the year.
–Elodie Qian, BTW reporter
What happened
The U.S. Court of Appeals has blocked the Federal Communications Commission’s (FCC) attempt to reinstate landmark net neutrality rules, suggesting that broadband providers are well-positioned to succeed in a legal argument.
This decision, announced on Thursday, has thrown a significant hurdle in President Joe Biden’s path as he strives to restore the regulations that were withdrawn under the Trump administration.
In April, the FCC, voting along party lines, sought to reclaim the oversight of broadband internet services and to reimplement the open internet rules that were first introduced in 2015.
However, the Sixth Circuit U.S. Court of Appeals has temporarily suspended these rules and intends to hold oral arguments later in the year, either in late October or early November.
“The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations,” the court wrote. “Net neutrality is likely a major question requiring clear congressional authorization.”
The court on July 12 had temporarily placed the net neutrality rules on hold until Aug. 5 as it considered industry legal challenges.
FCC Chair Jessica Rosenworcel said: “The American public wants an internet that is fast, open, and fair. Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality.”
Also read: Telecoms seek to block US reinstatement of net neutrality
Also read: Telecom industry seeks to block the reinstatement of net neutrality rules
Why it’s important
Net neutrality mandates that internet service providers must treat all internet traffic and users equally, without restrictions on access, deceleration of speeds, or censorship of content for selected users. The rules also prohibit special deals that grant preferential network speeds or access to chosen consumers.
These regulations would have prevented internet service providers from blocking or throttling traffic to specific websites and from engaging in paid prioritisation of lawful content.
They would have also armed the FCC with new tools to combat Chinese telecommunications companies and provided the capacity to monitor internet service interruptions.
President Biden has prioritised the reinstitution of net neutrality, having signed an executive order in July 2021 to encourage the FCC to reimplement the 2015 rules. The rules were established during President Barack Obama’s tenure, a Democrat like Biden.
During Trump’s term, the FCC contended that net neutrality rules were superfluous, stifling innovation and leading to a decline in network investment by internet service providers, a claim that Democrats have disputed.
