Court Blocks FCC’s Reinstatement of Net Neutrality Rules for Broadband Internet

Signage is seen at the headquarters of the Federal Communications Commission in Washington on Aug. 29, 2020. (Andrew Kelly/Reuters)

A U.S. appeals court on Aug. 1 temporarily blocked the Federal Communications Commission’s (FCC) reinstatement of Obama-era net neutrality regulations that would reclassify broadband internet.

The court found that several broadband companies will likely succeed in a legal challenge against reinstating the FCC rules that would classify broadband internet providers as common carriers and subject them to heightened regulatory requirements.

In its ruling,  the Sixth Circuit U.S. Court of Appeals said the regulations implicates a “major question,” and the FCC has “failed to satisfy the high bar for imposing such regulations.”

“Net neutrality is likely a major question requiring clear congressional authorization,” the court wrote in its ruling.

“As the Commission rule itself explains, broadband services are absolutely essential to modern day life, facilitating employment, education, healthcare, commerce, community-building, communication, and free expression, to say nothing of broadband’s importance to national security and public safety,” the court wrote.

“Because the broadband providers have shown that they are likely to succeed on the merits and that the equities support them, we grant the stay,” the court concluded.

The court also scheduled oral arguments on the matter for Oct. 28 and Nov. 1.

The FCC voted along party lines in April to reclassify internet access service as a Title II telecommunications service under the Communications Act of 1934, which directs “just and reasonable” communication practices.

Rules Ensures ‘Fast, Open, Fair’ Internet

The vote effectively reinstated a net neutrality order implemented during the Obama administration in 2015. That order was subsequently repealed under the leadership of President Donald Trump.

Under April’s reclassification vote, broadband providers would be treated as an essential service and therefore be subject to increased scrutiny.

Under the reclassification, broadband providers would be banned from restricting internet user access, slowing speeds, blocking content for certain users, or showing preferential treatment to favored users.

The rules also grant the commission power to revoke the authorizations of foreign-owned entities who “pose a threat to national security” to operate broadband networks in the United States.

They also allow the commission to “exercise its authority over broadband in a narrowly tailored fashion—without rate regulation, tariffing, or unbundling—to foster continued innovation and investment,” according to the FTC.

In announcing the reclassification in April, the FCC said it would ensure the internet is “fast, open, and fair” and allow the agency to “protect consumers, defend national security, and advance public safety.”

The FCC’s regulation was set to take effect on July 22. However, the 6th U.S. Circuit Court of Appeals last month put the net neutrality rules on hold until Aug. 5 while it considered the merits of a motion filed by several broadband companies to stay the regulation.

Broadband companies have argued in a petition with the court that the FCC “has once again claimed all-encompassing authority to regulate how Americans access the Internet,” accusing the agency of adopting “even more invasive rules than it did in 2015.”

The companies further argue that the commission will have the power to “set prices, dictate terms and conditions, require or prohibit investment or divestment, and more.”

“It should be ‘indisputable’ that the major-questions doctrine applies to that seismic claim of authority,” the companies said.

Reinstating net neutrality has remained a key priority for President Joe Biden throughout his time in office.

In July 2021, the Democratic leader signed an executive order encouraging the FCC to reinstate the rules previously adopted in 2015 under the Obama administration.

The Epoch Times has contacted the FCC for comment.

Matt McGregor and Reuters contributed to this report.