FCC net neutrality rules

Photo Credit: FCC

A US Appeals Court has ruled the Federal Communications Commission (FCC) did not have legal authority to reinstate net neutrality rules backed by the Biden administration.

President Joe Biden signed the executive order in 2021 encouraging the FCC to reinstate the rules initially implemented in 2015. The rules were put in place under then President Barack Obama, only to be repealed in 2017 under former President Trump.

Net neutrality rules require internet service providers to treat internet data and its users equally rather than restricting access, slowing speeds, or blocking content. The rules also forbid special arrangements with ISPs where certain users may receive improved network speeds or access to services—for an additional price.

In its decision, the Appeals Court cites the Supreme Court decision in Loper Bright to overturn the 1984 precedent allowing government agencies to interpret the laws they administer. “Applying Loper Bright means we can end the FCC’s vacillations,” the court noted in its ruling.

Incoming FCC Chairman Brendan Carr voted against net neutrality rules being reinstated and praised the appeals court decision to invalidate Biden’s executive order. Carr called the executive order an “internet power grab” and vowed to unwind additional regulations once he’s in place.

“Today’s decision is a good win for our country. Over the past four years, the Biden administration has worked to expand the government’s control over every feature of the internet ecosystem,” Carr’s statement begins. “You can see it in the Biden administration’s efforts to pressure social media companies into censoring the free speech rights of every day Americans.”

“You can see if in the Biden administration’s demand that the FCC adopt ‘digital equity’ rules for the Internet-sweeping regulations that give the Commission nearly limitless powers over the Administration’s decision to impose so-called ‘net neutrality’ rules by applying Title II or utility-style regulations to the internet.”

“President Biden’s decision to impose these Title II regulations represented a break from the bipartisan consensus established by a Republican Congress and a Democrat President and enshrined in law nearly thirty years ago—a consensus that provided a stable regulatory framework that allowed the Internet in America to flourish.”

“I am pleased that the appellate court invalidated President Biden’s Internet power grab by striking down these unlawful Title II regulations. But the work to unwind the Biden Administration’s regulatory overreach will continue. I welcome the chance to advance a policy agenda that will deliver great results for the American people.”