Court blocks FCC’s reinstatement of groundbreaking net neutrality rules

A U.S. appeals court on Thursday blocked the Federal Communications Commission from reinstating landmark net neutrality rules, saying broadband internet providers would likely succeed in their legal fight.

In April, the FCC voted along party lines to resume regulatory oversight of broadband internet and restore the Open Internet Principles adopted in 2015, which were repealed by then-President Donald Trump.

The U.S. Sixth Circuit Court of Appeals, which had temporarily stayed the rule, said Thursday it would temporarily block the net neutrality rules and scheduled oral arguments in the case for late October or early November, dealing a major blow to President Biden’s efforts to reinstate the rules.

“The final rule raises an important issue, and the commission did not meet the high threshold for imposing such regulation,” the court wrote. “Net neutrality is arguably an important issue requiring express congressional authorization.”

On July 12, the court temporarily suspended the application of net neutrality rules until August 5 while it considered legal challenges raised by the industry.

FCC Chairwoman Jessica Rosenworcel said: “The American public wants a fast, open, and fair internet. Today’s decision by the Sixth Circuit is a setback, but we will not give up the fight for net neutrality.”

Net neutrality rules require that ISPs treat internet data and users equally, rather than throttling access, slowing speeds, or blocking content for some users. The rules also prohibit special arrangements in which ISPs provide better network speeds or access for privileged users.

The rules would prohibit internet service providers from blocking or slowing traffic to certain websites or engaging in paid prioritization of lawful content, and would give the FCC new tools to prosecute Chinese telecoms companies and monitor internet outages.

Restoring net neutrality is a priority for Biden, who in July 2021 signed an executive order directing the FCC to restore rules adopted in 2015 by President Barack Obama, also a Democrat.

Under the Trump administration, the FCC has argued that net neutrality rules are unnecessary, stifle innovation and result in a decline in network investment by internet service providers, a claim disputed by Democrats.