A federal appeals court ruled this week that the Federal Communications Commission (FCC) reportedly lacked the authority to reinstate specific net neutrality rules from last year.
This decision was a setback for FCC Democrats and Biden administration officials who advocated for the reintroduction of open internet measures.
The 6th Circuit Court of Appeals’ ruling on Thursday invalidates the FCC’s vote from last year, which reinstated the net neutrality regulations.
These regulations prohibit broadband providers from throttling or blocking internet traffic to specific websites and accelerating access to others that pay additional fees.
The Supreme Court’s decision in June of last year, which overturned Chevron deference, the legal doctrine that previously instructed judges to defer to agencies in cases where the law is ambiguous, was cited by the three-judge panel.
This decision reduced the power of executive agencies.
Judges are now anticipated to substitute their own interpretation of the law, rather than relying on the agencies, when they overturn the decision.
In his opinion, broadband should be classified as a “information service” rather than a “telecommunications service,” as the FCC stated in its order last year.
This statement was made by Judge Richard Allen Griffin on behalf of himself and Judge John K. Bush.
The net neutrality regulations were initially authorized in 2015 by former President Obama; however, they were repealed during the inaugural tenure of President-elect Trump in 2017.
Under the supervision of Democratic FCC Chair Jessica Rosenworcel, the commission voted in April of last year to reinstate the regulations along partisan lines.
Critics contend that the regulations would exacerbate government control over the internet in an attempt to resolve a problem that has not been particularly widespread, whereas proponents of net neutrality maintain that it is essential for maintaining an equitable and accessible internet.
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