Appeals Court Strikes Down FCC Net Neutrality Rules; Blow to Biden Administration

Jan 2, 2025, 08:48 PM

The Sixth Circuit Court of Appeals has struck down the Federal Communications Commission's net neutrality rules, dealing a blow to the Biden administration's efforts to reinstate the regulations. Incoming FCC Chairman Brendan Carr, who opposed the 2024 reinstatement, welcomed the decision. Former FCC Chairman Ajit Pai and Senator Ted Cruz also praised the ruling; Cruz had filed an amicus brief supporting the petitioners. The court determined that the FCC lacks statutory authority to impose net neutrality provisions, citing the Supreme Court's recent Loper Bright decision, which undid the Chevron deference that allowed agencies broad interpretive powers. The net neutrality rules, originally designed to prevent broadband providers from throttling or blocking internet content, were found inconsistent with federal law, which classifies broadband as an 'information service' rather than a more heavily regulated utility.