A US appeals court decided on Thursday that the Federal Communications Commission (FCC) doesn’t have the legal power to bring back net neutrality rules, which were repealed under President Trump. This is a setback for the Biden administration, which had made restoring those rules a priority.
Back in 2021, President Biden signed an executive order asking the FCC to reinstate the net neutrality rules, which were originally put in place in 2015 under President Obama. But in 2017, the FCC, led by Trump’s appointees, reversed those rules. Now, after a lengthy legal battle, the court has ruled the FCC can’t just reinstate them.
The net neutrality rules were designed to keep internet providers from favoring some websites or users over others. They stopped providers from blocking or slowing down internet traffic, and from offering fast lanes for certain users or content. The court’s decision also refers to a Supreme Court ruling from June, which made it harder for government agencies like the FCC to make decisions without Congress.
For now, states like California that have their own net neutrality rules can keep them. But the court ruling means federal control over internet regulations could be off the table for the foreseeable future.
Brendan Carr, the new FCC chair, was against bringing back net neutrality rules and welcomed the decision, calling it a win for consumers. He argued that it would encourage more investment and competition in the internet industry. Former FCC Chairman Ajit Pai also applauded the ruling, saying it should mark the end of efforts to restore the rules and shift the focus to improving internet access.
FCC Chair Jessica Rosenworcel, however, called on Congress to step in. She pointed out that many Americans want an internet that’s fast, fair, and open, and now it’s up to lawmakers to make net neutrality a permanent part of federal law.
The net neutrality rules would have also given the FCC more power to monitor internet service outages and take action against Chinese telecom companies. Big tech companies like Amazon, Apple, Alphabet (Google), and Meta (Facebook) had supported these rules, hoping they would prevent internet providers from giving preferential treatment to certain companies or content.
The Biden administration’s attempt to bring back net neutrality faced strong opposition from industry groups like USTelecom, which includes major telecom companies such as AT&T and Verizon. These groups argue that the court’s decision is a win for consumers because it will lead to more investment in the digital market.
Despite the setback, Net neutrality advocates could still push for the Supreme Court to review the case.
