The Federal Communications Commission (FCC) has hit a roadblock in its attempt to reinstate net neutrality rules. On Thursday, a federal appeals court issued a temporary injunction against the FCC’s efforts, dealing a setback to the Biden administration’s plans for internet regulation.
Net neutrality rules aim to regulate broadband internet access as a telecommunications service. These regulations would require internet service providers (ISPs) to treat all internet data and users equally, preventing practices like restricting access, slowing speeds, or blocking content for certain users.
The rules have had a tumultuous history. First adopted in 2015 under President Obama, they were later rescinded during the Trump administration. In April of this year, the FCC, now with a Democratic majority, voted to bring back these regulations.
However, the U.S. Court of Appeals for the Sixth Circuit has put a pause on this plan. The court stated that broadband providers are likely to win their legal challenge against the rules. They wrote:
“The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations. Net neutrality is likely a major question requiring clear congressional authorization.”
This decision follows a previous delay by the court on July 12, which had postponed the rules from taking effect until August 5.
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FCC Chair Jessica Rosenworcel expressed disappointment but determination in response to the court’s decision. “The American public wants an internet that is fast, open, and fair,” she said. “Today’s decision by the Sixth Circuit is a setback, but we will not give up the fight for net neutrality.”
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A good win in the broader & ongoing effort to rein in regulatory overreach from Washington.… https://t.co/AWhuZebUxT pic.twitter.com/3oDxgUKMMn
— Brendan Carr (@BrendanCarrFCC) August 1, 2024
The debate over net neutrality has created clear battle lines. On one side, big tech companies, consumer advocates, civil rights groups, and Democrats generally support the rules. They argue that these regulations are necessary to keep the internet free and open.
On the other side, ISPs, conservative groups, and Republicans oppose the rules. They contend that the regulations are unnecessary and could harm innovation, discourage private investment, and slow improvements in internet speeds.
FCC Commissioner Brendan Carr, a Republican appointee who opposed the measure, has been vocal in his criticism. He told FOX Business, “My concern is that there’s no reason for the government to go down this path of granting itself more powers to second-guess all the decisions about the internet functions.”
Carr also pointed out that many of the dire predictions made by net neutrality supporters before the rules were repealed in 2017 didn’t come to pass.
He noted, “People said you would get the internet one word at a time. And obviously, the exact opposite has happened — speeds are up multiple-folds, prices are down in real terms.”
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The court’s decision suggests that any attempt to impose net neutrality regulations may require explicit authorization from Congress, potentially shifting the battleground from the FCC to the legislative branch.
