Biden Administration Takes Blow As FCC Net Neutrality Rule Struck Down By Federal Appeals Court

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A federal appeals court handed a blow to the Biden Administration and the Federal Communications Commission (FCC) by overturning net neutrality rules that would ban internet providers from blocking internet traffic to some websites, The Hill reports.

The ruling handed down by the 6th Circuit Court of Appeals on Jan. 2 stated the FCC lacked the authority to restore certain net neutrality rules from 2024 that would speed up access to others that pay extra fees. Providing a thorough explanation of their decision, the three-judge panel referred to a Supreme Court decision from June 2024 that dialed back on executive agencies’ power by overturning a legal doctrine called the Chevron deference that instructed judges to defer to agencies in cases where the law may be ambiguous.

Judge Richard Allen Griffin and Judge John K. Bush stated that broadband must be considered an “information service,” not a “telecommunications service,” something the FCC mentioned in its order in 2024.

The rules were first approved during former President Barack Obama’s second tenure in 2015 but were later repealed under then President Donald Trump’s first term in 2017. Under FCC Chair Jessica Rosenworcel’s leadership, the commission voted in April 2024 to restore the rules. In a statement, Rosenworcel put pressure on Congress to make moves in response to the ruling. “Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” she wrote.

“With this decision, it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law.”

Advocates of net neutrality argue that internet service is a vital utility in modern life and feel providers should be regulated in order to stop such abuses like speed advantages to those who pay more. Vice President of Policy at Free Press, Matt Wood, denounced the ruling, according to CBS News, claiming the ruling will allow the FCC under the new Trump administration to “abdicate its responsibility to protect internet users against unscrupulous business practices.” “It’s rich to think of Donald Trump and Elon Musk’s hand-picked FCC chairman characterizing light-touch broadband rules as heavy-handed regulation while scheming to force carriage of viewpoints favorable to Trump on the nation’s broadcast airwaves and social media sites,” he said.

However, with the court siding with the internet service conglomerates, companies argue they should be able to run their businesses as they see fit.

Commissioner Brendan Carr is expected to take over as FCC chair in January 2025 as the commission is switching to a GOP majority. Carr voted against restoring the rules in 2024, stating the agency “offers up a laundry list of bogus justification” for bringing broadband service under Title II of the Communications Act.