Net neutrality may have hit its final roadblock. In a new decision filed today, the Sixth Circuit US Court of Appeals has ruled that the FCC does not have the “statutory authority” to implement net neutrality rules. The court first blocked the rules in August 2024 when the lawsuit at the center of today’s ruling was filed.
Net neutrality broadly seeks to prevent internet service provides (ISPs) from giving preferential treatment to specific users or content. That prevents things like a service provider charging a streaming service for faster speeds, or the throttling of a specific website. Every app, website, and user is supposed to be treated equally under net neutrality, making the rules integral to a free, fair and open internet.
Since net neutrality rules were first put in place in 2015, the FCC’s argument has been that its classification of ISPs as “telecommunication services” under Title II of the Communications Act of 1934 gives it broad authority to regulate them. The decision to redefine ISPs as “information services” during the first Trump Administration led to the repeal of net neutrality in 2017.
The current FCC voted to restore net neutrality on April 25 of this year, but the difference between 2015 and now is the Supreme Court’s recent, radical reinterpretation of an important legal doctrine. In June 2024, the Supreme Court filed two rulings that overturned the Chevron doctrine, a framework that basically said that if Congress doesn’t weigh in on an issue, courts are supposed to defer to the interpretation of government agencies. Now, interpretation falls to the individual judge, and the Sixth Court doesn’t agree with the FCC’s argument.
Net neutrality rules will remain in California and other states, but anything at the federal level will require either an act of Congress or for this case be appealed to (and succeed in front of) the Supreme Court. Engadget has reached out to the FCC to see if it plans on appealing and will update this article if we hear back.
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” FCC Chair Jessica Rosenworcel said in a statement following the ruling. “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.”