A US appeals court on Thursday blocked the Federal Communications Commission (FCC) from reimposing landmark net neutrality rules, saying broadband providers are likely to succeed in their legal challenge.
The FCC voted along party lines in April to resume regulatory oversight of broadband internet and reimpose open internet rules adopted in 2015 that were repealed under then-President Donald Trump.
The Sixth Circuit US Court of Appeals, which had temporarily delayed the rules, said on Thursday it would temporarily halt the net neutrality rules and schedule oral arguments on the issue for late October or early November, dealing a serious setback to President Joe Biden’s effort to reinstate the rules.
“The final rule raises a substantial question, and the Commission fails to meet the high standards for enacting such a rule,” the court wrote. “Net neutrality is potentially a substantial question that requires explicit permission from Congress.”
The court on July 12 temporarily put the net neutrality rules on hold until Aug. 5 as it considered legal challenges from the industry.
FCC Chairwoman Jessica Rosenworcel said: “The American public deserves an internet that is fast, open, and fair. Today’s decision by the Sixth Circuit is a setback, but we won’t give up the fight for net neutrality.”
Net neutrality rules require Internet service providers to treat Internet data and users equally, and not restrict access, slow speeds or block content for certain users. The rules also prohibit special arrangements in which ISPs give favored users better network speeds or access.
These rules would prevent internet service providers from engaging in blocking or slowing traffic to certain websites, or prioritizing lawful content, as well as give the FCC new tools to crack down on Chinese telecommunications companies and the ability to monitor internet service disruptions.
Restoring net neutrality has been a priority for Biden, who signed a July 2021 executive order encouraging the FCC to reinstate rules adopted in 2015 under President Barack Obama, a fellow Democrat.
Under Trump, the FCC had argued that net neutrality rules were unnecessary, stifled innovation and resulted in a decline in network investment by internet service providers, which Democrats disputed.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
