Neutered: Federal court strikes down FCC authority to impose net neutrality rules

What is the latest development in the net neutrality debate? The recent ruling by a federal appeals court has effectively brought the net neutrality saga to a close, unless Congress decides to revisit the issue. Given the current political climate, it seems unlikely that Congress will take action, and the Trump administration is not expected to revive the cause.

The Sixth Circuit Court of Appeals dealt a significant blow to the Federal Communications Commission’s efforts to regulate the internet more strictly. The court ruled that the FCC does not have the authority to regulate wireless and home broadband services under the same rules that have traditionally governed telephone service.

This decision was based on a recent Supreme Court ruling that overturned the Chevron deference, limiting the FCC’s ability to implement and enforce net neutrality regulations. Net neutrality, which advocates for equal treatment of all internet traffic, has been a contentious issue in American politics for over a decade.

The Obama administration established strong net neutrality rules in 2015, but these were repealed in 2017 under the Trump administration. President Biden signed an executive order in 2021 calling for the reinstatement of these regulations. In 2024, the FCC, led by Chairwoman Jessica Rosenworcel, voted to restore net neutrality rules.

The Sixth Circuit Court’s decision nullifies the FCC’s Safeguarding Order, which aimed to reinstate net neutrality regulations. The court ruled that broadband internet service providers are classified as an “information service” under current US law, limiting the FCC’s authority to impose net neutrality policies.

The court also stated that the FCC cannot classify mobile broadband as a “commercial mobile service,” which would have allowed for net neutrality regulations on those services. The absence of Chevron deference in the ruling means that the court no longer gives deference to the FCC’s interpretation of the statute.

Rosenworcel has called on Congress to pass legislation enshrining net neutrality principles into federal law, recognizing that the FCC’s regulatory efforts have hit a roadblock.

Republican FCC Commissioner Brendan Carr, who is expected to become the agency’s chair, praised the court’s decision. He criticized the Biden administration’s approach, arguing that they were trying to convince Americans that the internet would suffer without net neutrality regulations.

The future of net neutrality now rests with Congress. However, given the current political landscape and other pressing issues, it is uncertain whether Congress will address this issue. With Carr likely to lead the agency, further regulatory action on net neutrality seems unlikely.