A federal appeals court delivers a substantial blow to President Biden's telecommunications policy agenda.
According to the Washington Examiner, the U.S. Court of Appeals for the 6th Circuit has invalidated the Federal Communications Commission's 2024 net neutrality regulations, ruling that the agency lacks the legal authority to classify broadband providers as telecommunications services.
The court's decision specifically targets the "Safeguarding and Securing the Open Internet Order," which was implemented in 2024 as part of Biden's efforts to restore Obama-era internet regulations. This ruling effectively blocks the FCC's attempt to prevent internet service providers from charging different rates based on data sources or destinations.
The ruling draws significant influence from the Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which eliminated the Chevron doctrine. This development fundamentally altered how courts interpret agency regulations. The three-judge panel utilized traditional statutory interpretation methods to determine that broadband providers only offer information services, placing them outside FCC's regulatory reach.
The judicial panel explained their position in their 26-page ruling. FCC Chairwoman Jessica Rosenworcel responded by urging Congressional action to establish net neutrality principles in federal law. The decision has garnered attention from both supporters and critics of net neutrality regulations.
Former FCC Chairman Ajit Pai expressed strong support for the ruling on social media. He emphasized that regulators should shift their focus toward improving internet access and fostering online innovation rather than pursuing net neutrality regulations.
The ruling represents the latest development in a decade-long policy battle over internet regulation. The Obama administration initially classified broadband providers under Title II in 2015, only to have these rules reversed during the Trump presidency in 2017. The Biden administration's attempts to restore these regulations have now met a significant legal obstacle.
President-elect Trump's nomination of Brendan Carr as the incoming FCC chairman signals a continued opposition to net neutrality regulations. Carr has previously criticized Biden's regulatory approach, characterizing it as government overreach.
The Republican majority in both chambers of Congress further diminishes the likelihood of legislative action supporting net neutrality in the immediate future. This political composition suggests that the Obama and Biden administrations' regulatory vision for internet service providers faces substantial hurdles.
From the court ruling, the judges stated:
Today we consider the latest FCC order, issued in 2024, which resurrected the FCC's heavy-handed regulatory regime.
FCC Chairwoman Rosenworcel emphasized the need for legislative action, stating:
Take up the charge for net neutrality, and put open internet principles in federal law.
The appeals court's decision marks a decisive moment in telecommunications policy. The 6th Circuit's ruling invalidates the Biden administration's attempt to reinstate net neutrality regulations through the FCC's authority.
With Republican control of Congress and an incoming Trump administration, the future of net neutrality regulations remains uncertain, while the debate over internet service provider regulation continues to evolve within the changing legal and political landscape.
