A U.S. appeals court says that the Federal Communications Commission did not have the authority to adopt the regulations.
The federal government’s plan to impose “net neutrality” regulations went beyond its authority, a U.S. appeals court ruled on Jan. 2.
The Federal Communications Commission (FCC) regulations, which bar internet service providers from blocking or limiting access to users, violate federal law because the providers provide an information service, not a telecommunications service, U.S. Circuit Judge Judge Richard Allen Griffin wrote for a unanimous panel of the U.S. Court of Appeals for the Sixth Circuit.
A federal law enables the FCC to impose strict requirements on telecommunications services but not information services.
Griffin referenced a recent U.S. Supreme Court ruling known as Loper Bright that struck down a doctrine that gave government officials wide leeway to interpret laws.
“We acknowledge that the workings of the Internet are complicated and dynamic, and that the FCC has significant expertise in overseeing ’this technical and complex area,‘” Griffin wrote. “Yet, post-Loper Bright, that ’capability,’ if you will, cannot be used to overwrite the plain meaning of the statute.”
The ruling strikes down regulations revived in a 3–2 vote in 2024 by the FCC. The regulations were originally promulgated during the Obama administration but were revoked during President Donald Trump’s time in office. The commission voted with encouragement from President Joe Biden.
Industry groups brought the case, which had earlier prompted the Sixth Circuit to pause the regulations as judges considered whether they were lawful.
FCC Chairwoman Jessica Rosenworcel, following the decision, called for Congress to act.
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” she said in a statement. “With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law.”
FCC Commissioner Brandan Carr was among those who welcomed the development.
“I am pleased that the appellate court invalidated President Biden’s Internet power grab by striking down these unlawful Title II regulations,” he said in a statement. “But the work to unwind the Biden Administration’s regulatory overreach will continue.”
