The battle over net neutrality in the U.S. appears to be over — at least for now. A U.S. federal appeals court has ruled that the Federal Communications Commission (FCC) lacks the authority to enforce net neutrality rules without new legislation from Congress.
The Sixth Circuit Court of Appeals’ decision is rooted in the U.S. Supreme Court’s recent Chevron ruling, which limited how much regulatory agencies can interpret laws without clear congressional authorization. The court found that broadband providers are classified as “information services” under current law, meaning they are not subject to the same regulations as telephone companies.
Net neutrality — the idea that internet service providers must treat all online traffic equally — has been a political flashpoint for over a decade. The Obama administration established strong protections in 2015, which were rolled back during the Trump administration. The Biden administration tried to reinstate the rules through the FCC, but this week’s ruling blocks those efforts.
FCC Chairwoman Jessica Rosenworcel is urging Congress to step in and pass a law to protect net neutrality. However, with a divided Congress and Republican FCC Commissioner Brendan Carr set to lead the agency soon, further action by the FCC seems unlikely. Carr welcomed the ruling, saying the Biden administration’s approach was flawed and that the internet doesn’t need heavy regulation to thrive.
For now, internet providers are free to manage traffic as they see fit, with no federal net neutrality rules in place. Whether Congress takes action remains to be seen.
