The U.S. Court of Appeals for the 6th Circuit struck down the FCC’s “net neutrality” rules governing internet service providers Thursday in an early policy win for Republicans seeking to reverse Biden-era industry regulation.
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Democrats at the Federal Communications Commission had considered
the reinstatement of net neutrality a major accomplishment under the Biden administration. The reversal is a glimpse of the years ahead, during which President-elect Donald Trump’s team has vowed to broadly undo his predecessor’s regulation of private-sector companies.
The net neutrality issue revolves around how heavily federal regulators should control the companies that build and operate the internet. Democrats favor heavier oversight along the lines of how traditional telephone networks are regulated, while Republicans have argued for a lighter touch. Net neutrality was adopted by the FCC under the Obama administration, reversed under Trump, then reinstated under President Joe Biden.
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“I think that net neutrality is going to have a long respite,” said Marc Martin, partner at Perkins Coie and a former FCC official, adding that he sees the prospect of the Supreme Court overruling the 6th Circuit as slim. “It would have to take future bad acts that get a lot of attention to maybe bring a different Congress to act and give the FCC authority. Short of that, I think it’s over.”
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The 6th Circuit said
in its decision Thursday that internet service providers were not just dumb pipes, as the FCC has contended, and for that reason, internet service cannot be regulated as a mere utility service like power, water and traditional telephone lines.
“The FCC’s reading is inconsistent with the plain language of the Communications Act [of 1934],” the court in Cincinnati said, referring to the law outlining the FCC’s authority.
A conservative-led FCC under the second Trump administration was widely expected to move to overturn net neutrality if court challenges failed. On Thursday, the FCC declined to say whether it would appeal the court decision, with Chairwoman Jessica Rosenworcel calling instead for Congress to take action.
“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.”
Brendan Carr, Trump’s pick for FCC chairman, praised the court Thursday for striking down what he called “President Biden’s Internet power grab” and promised more deregulatory moves for his tenure as head of the agency.
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