Federal appeals court strikes down Biden net neutrality rules

A federal appeals court ruled this week the Federal Communications Commission (FCC) lacked the authority to restore certain net neutrality rules last year, handing a blow to FCC Democrats and Biden administration officials who pushed for revived open internet measures.

The Tuesday ruling by the 6th Circuit Court of Appeals overturns last year's FCC vote, which reinstated the net neutrality rules barring broadband providers from blocking or throttling internet traffic to some websites and speeding up access to others that pay extra fees.

The three-judge panel pointed to a Supreme Court decision last June that scaled back executive agencies' power by overturning Chevron deference, the legal doctrine that previously instructed judges to defer to agencies in cases where the law is ambiguous.

In upending the decision, judges are now expected to substitute their own best interpretation of the law instead of deferring to the agencies.

Judge Richard Allen Griffin, writing for himself and Judge John K. Bush, wrote broadband must be considered an "information service," not a "telecommunications service" as the FCC said in its order last year.

The net neutrality rules were first approved in 2015 under former President Obama but repealed under President-elect Trump's first term in 2017. The commission voted along partisan lines last April to restore the rules under the leadership of Democratic FCC Chair Jessica Rosenworcel.  

Rosenworcel on Thursday urged Congress to take action 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 in a statement. "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 it is necessary for ensuring a fair and open internet, while critics claim the rules would expand government control over the internet to solve a problem that has not proved especially pervasive.

Republican Commissioner Brendan Carr, who is expected take over as chair this month as the commission switches to a GOP majority, voted against restoring the rules last year, stating the agency “offers up a laundry list of bogus justification" for bringing broadband service under Title II of the Communications Act.