The FCC’s attempt to restore net neutrality was unsuccessful

The US Court of Appeals for the Sixth Circuit ruled yesterday that the FCC. no They have the “legal authority” to implement net neutrality rules.

Since setting the rules in 2015, the FCC has said that classifying ISPs as “telecommunications services” 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 last year. The difference between 2015 and now is a recent radical reinterpretation by the Supreme Court of an important legal principle. The Chevron Doctrine states that if Congress does not intervene in a case, the courts are supposed to defer to government agencies’ interpretation. Now, interpretation rests with the individual judge, and the Sixth Circuit disagrees with the FCC.

This is the end of the road for the FCC’s attempts. A little bit of power From ISPs, carriers, level of speeds and access regardless of service. Net neutrality rules would still be in place in California and other states, but anything at the federal level would require either a congressional resolution or, in this case, an appeal to (and success before) the Supreme Court.

– Matt Smith

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