A U.S. appeals court has ruled that the Federal Communications Commission (FCC) does not have the legal authority to restore net neutrality rules, a major setback for the Biden administration. These rules, which require internet service providers (ISPs) to treat all data and users equally, were initially implemented in 2015 under President Obama and repealed in 2017 under President Trump.
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The court’s decision follows a Supreme Court ruling in June that overturned a 1984 precedent allowing federal agencies to interpret laws. The three-judge panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals concluded that the FCC lacks the authority to reinstate these rules.
Although the ruling limits federal oversight, it leaves state-level neutrality rules, like those in California, intact. FCC Chair Jessica Rosenworcel has urged Congress to act and pass net neutrality laws. Industry groups, such as USTelecom, have supported the ruling, citing its potential to foster investment and innovation in the digital marketplace.
Net neutrality advocates are concerned and may seek a review by the Supreme Court.
