The Sixth Circuit US Court of Appeals ruled yesterday that the FCC does not have the "statutory authority" to implement net neutrality rules.
Since the rules were established in 2015, the FCC argued that classifying ISPs as "telecommunication 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 last year. The difference between 2015 and now is the Supreme Court's recent, radical reinterpretation of an important legal doctrine. The Chevron doctrine said that if Congress doesn't weigh in on an issue, courts are supposed to defer to the interpretation of government agencies. Now, interpretation falls to the individual judge, and the Sixth Court doesn't agree with the FCC.
This is the end of the road for the FCC's attempts to wrench a little bit of the power from internet providers and carriers and level speeds and access regardless of service. Net neutrality rules will remain in California and other states, but anything at the federal level will require either an act of Congress or, for this case, be appealed to (and succeed in front of) the Supreme Court.
- Mat Smith
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