Sixth Circuit Overturns FCC Net Neutrality Rules

RADIO ONLINE | Thursday, January 2, 2025

Federal Communications Commission (FCC)

On Thursday, the Sixth Circuit Court of Appeals struck down the Federal Communications Commission's (FCC) net neutrality rules, ruling that the agency does not possess the authority to regulate commercial broadband providers as common carriers. This decision challenges the efforts of the outgoing Biden administration, which had prioritized the reinstatement of these open internet provisions.

The net neutrality rules, initially established in 2015 under the Obama administration and repealed in 2017 during the Trump presidency, were aimed at ensuring that internet service providers (ISPs) treat all data on the internet equally. This prevents ISPs from discriminating against or charging differently by user, content, website, platform, or application.

The court's decision was heavily influenced by the Supreme Court's recent ruling in the case known as Loper Bright, which overturned a 1984 precedent that allowed federal agencies broad leeway in interpreting laws. The appellate court cited this decision, noting that it signaled an end to the FCC's fluctuating stances on internet regulation.

Despite the federal setback, state-level net neutrality rules, such as those in California, remain unaffected. However, this ruling potentially concludes over two decades of federal attempts to exert comprehensive oversight over internet governance.

In response to the ruling, FCC Chair Jessica Rosenworcel expressed disappointment and called upon Congress to enact legislation that embeds net neutrality into federal law. She emphasized the public's desire for a "fast, open, and fair" internet, a sentiment echoed across numerous consumer feedback.

Conversely, former FCC Chair Ajit Pai welcomed the decision, suggesting that regulatory efforts should now focus on enhancing internet access and fostering online innovation rather than reinstating net neutrality rules.

The ruling arrives after the FCC, under Rosenworcel's direction, voted in April to reclaim regulatory control over broadband and restore net neutrality, a move that was met with immediate legal challenges from industry groups. These groups successfully secured a temporary halt from the courts while the case was under consideration.