• The 6th Circuit Court of Appeals struck down the FCC’s attempt to reinstate net neutrality, ruling broadband as an “information service” and outside the FCC’s regulatory authority.
• The decision relied on the Supreme Court’s Chevron ruling, requiring judges—not agencies—to interpret ambiguous laws, impacting the FCC’s legal foundation for net neutrality rules.
• With a Republican majority at the FCC, future policies are expected to favor a free-market approach, moving away from stricter regulations championed by Democrats.

In a significant decision this week, the 6th Circuit Court of Appeals struck down the Federal Communications Commission’s (FCC) attempt to reinstate net neutrality rules. The court ruled the FCC lacked the authority to enforce these regulations, delivering a setback to the Biden administration and Democratic members of the FCC who had championed the return of open internet policies.

This ruling voids the 2023 FCC vote to restore the contentious rules, which sought to prevent internet providers from blocking, throttling, or prioritizing web traffic for extra fees. With this decision, the court reaffirmed broadband as an “information service,” not a “telecommunications service,” dismantling the legal foundation for the FCC’s actions.

Supreme Court’s Chevron Decision Plays Key Role

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The appeals court heavily relied on last year’s Supreme Court ruling overturning the Chevron deference doctrine. Previously, this legal principle required judges to defer to federal agencies in interpreting ambiguous laws. However, the Supreme Court’s decision shifted this responsibility to judges, requiring them to independently assess the law’s text.

Judge Richard Allen Griffin, writing for the majority, applied this new standard. He argued that the FCC’s classification of broadband services under Title II of the Communications Act was flawed. His interpretation underscored that broadband is fundamentally an “information service,” exempting it from stricter regulatory oversight.

Democrats Push for Congressional Action

In response to the ruling, FCC Chair Jessica Rosenworcel urged Congress to intervene. She emphasized widespread consumer support for net neutrality, calling on lawmakers to codify open internet principles into federal law. “Consumers have repeatedly made it clear they want an internet that is fast, open, and fair,” Rosenworcel stated.

Net neutrality proponents argue these regulations ensure fair access to the internet, preventing broadband providers from exploiting their control over web traffic. However, critics counter that such rules are unnecessary government overreach, addressing problems that rarely occur in practice.

GOP Leadership Signals Shift in FCC Direction

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With the FCC transitioning to a Republican majority, the agency is expected to move away from the regulatory framework championed by Democrats. Republican Commissioner Brendan Carr, who is poised to become the next FCC chair, criticized last year’s vote to restore net neutrality. He described the FCC’s justification as a “bogus” effort to expand government control over broadband services.

Carr’s leadership is likely to prioritize a free-market approach, emphasizing innovation and investment over burdensome regulations. This shift aligns with longstanding conservative opposition to net neutrality, which many view as a solution in search of a problem.

The Broader Implications

This decision marks a pivotal moment in the ongoing debate over net neutrality and the FCC’s authority. It highlights the growing tension between regulatory agencies and judicial oversight, following the Supreme Court’s Chevron ruling. Moreover, it signals a broader shift in how courts interpret agency actions, with far-reaching implications for federal regulations.

Do you support a free and open internet without government overreach? Stay informed and make your voice heard. Contact your representatives and let them know where you stand on net neutrality.

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