The court said, ‘Net neutrality is likely a major question requiring clear congressional authorization.’
A U.S. appeals court on Aug. 1 temporarily blocked the Federal Communications Commission’s (FCC) reinstatement of Obama-era net neutrality regulations that would reclassify broadband internet.
The court found that several broadband companies will likely succeed in a legal challenge against reinstating the FCC rules that would classify broadband internet providers as common carriers and subject them to heightened regulatory requirements.
In its ruling, the Sixth Circuit U.S. Court of Appeals said the regulations implicates a “major question,” and the FCC has “failed to satisfy the high bar for imposing such regulations.”
“Net neutrality is likely a major question requiring clear congressional authorization,” the court wrote in its ruling.
“As the Commission rule itself explains, broadband services are absolutely essential to modern day life, facilitating employment, education, healthcare, commerce, community-building, communication, and free expression, to say nothing of broadband’s importance to national security and public safety,” the court wrote.
“Because the broadband providers have shown that they are likely to succeed on the merits and that the equities support them, we grant the stay,” the court concluded.
The court also scheduled oral arguments on the matter for Oct. 28 and Nov. 1.
The FCC voted along party lines in April to reclassify internet access service as a Title II telecommunications service under the Communications Act of 1934, which directs “just and reasonable” communication practices.
Rules Ensures ‘Fast, Open, Fair’ Internet
The vote effectively reinstated a net neutrality order implemented during the Obama administration in 2015. That order was subsequently repealed under the leadership of President Donald Trump.
Under April’s reclassification vote, broadband providers would be treated as an essential service and therefore be subject to increased scrutiny.
Under the reclassification, broadband providers would be banned from restricting internet user access, slowing speeds, blocking content for certain users, or showing preferential treatment to favored users.
The rules also grant the commission power to revoke the authorizations of foreign-owned entities who “pose a threat to national security” to operate broadband networks in the United States.
