US Court Halts Biden Administration’s Push to Restore Net Neutrality

U.S. appeals court has blocked President Joe Biden administration’s push to restore net neutrality. The court determined that the Federal Communications Commission (FCC) lacks the legal authority to reinstate net neutrality rules.

The decision, delivered by a three-judge panel from the 6th U.S. Circuit Court of Appeals in Cincinnati, underscores the ongoing debate over the scope of federal regulatory power.

Net neutrality rules, initially implemented in 2015 under President Barack Obama’s administration, aimed to ensure that internet service providers (ISPs) treat all online data and users equally. These rules prevented ISPs from slowing down, blocking, or prioritizing certain content or users based on financial arrangements.

However, in 2017, under the administration of President Donald Trump, the FCC repealed these landmark regulations, sparking a nationwide debate over internet freedom and corporate influence. The Biden administration sought to reinstate the rules, with President Joe Biden urging the FCC to take action to restore an open internet.

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The court’s ruling cited the Supreme Court’s June 2023 decision in Loper Bright Enterprises v. Raimondo, which overturned a long-standing 1984 precedent granting deference to federal agencies in interpreting laws they enforce. The appeals court used this precedent to argue that the FCC does not have the authority to reinstate net neutrality rules.

“Applying Loper Bright means we can end the FCC’s vacillations,” the court stated, referencing the ongoing back-and-forth regulatory shifts on net neutrality between administrations.

In April 2023, the FCC voted along party lines to reassume regulatory oversight of broadband internet and restore the open internet rules. These rules were seen as a critical tool for the FCC, enabling it to crack down on Chinese telecom companies and monitor internet service outages more effectively.

However, industry groups opposed the reinstatement and successfully convinced the court to temporarily block the rules while the case was under review. With the latest decision, the rules remain in limbo, highlighting the challenges the FCC faces in asserting its authority.