Getty ImagesA US court rejected the Biden administration's request to restore “net neutrality” rules, saying that the federal government does not have the authority to regulate internet service providers such as utilities.
It represents a major defeat for so-called open Internet advocates, who have long fought for protections that require Internet service providers like AT&T to treat all legal content equally.
These rules were first introduced by the FCC under former Democratic President Barack Obama, but were later rescinded during Republican Donald Trump's first term.
This decision, as Trump prepares to enter the White House for a second term, is likely to put an end to the long-standing legal battle over this issue.
In their decision, the justices noted that various departments had backtracked on the issue.
But they said the court no longer had to “adhere” to the FCC's reading of the law, pointing to a recent Supreme Court decision limiting the power of federal agencies to interpret laws, a decision that critics expect will be used to weaken regulation. In the coming years.
“Loper Bright means we can end the FCC’s oscillations,” the Sixth Circuit Court of Appeals said.
Brendan Carr, the Republican member of the Federal Communications Commission appointed by Trump to lead the agency, said he was glad the court invalidated the Biden administration's “cyber power grab.”
The outgoing Democratic commissioner of the FCC said the ruling referred the issue to Congress.
“Consumers across the country have told us time and time again that they want a fast, open, and fair internet,” said Jessica Rosenworcel.
“With this decision, it is clear that Congress now needs to heed their call, take responsibility for net neutrality, and put open Internet principles into federal law.”
The fight over net neutrality was previously a hot-button issue in the United States, where ISPs were pitted against big tech companies like Google and Netflix.
Comedian John Oliver famously urged his fans to express their support for the rules, leading to a deluge of comments that destroyed the government's website.
But the issue has faded since the rules were repealed in 2018.
Thursday's ruling does not affect state-level net neutrality laws, which in some places provide similar protections.
But advocates, like Oliver, said national rules are important to prevent ISPs from having powers to restrict certain content or charge higher fees for faster delivery of their services.
Public Knowledge, a progressive-leaning internet policy group, said the decision weakened the FCC's ability to shape privacy protections, implement public safety measures and take other actions.
She said she believed the court erred in ruling that ISPs simply provided an “information service” rather than operating as telecommunications companies.
“The Court has created a dangerous regulatory gap that leaves consumers vulnerable and gives broadband providers unfettered power over Americans’ access to the Internet,” she said.
But USTelecom, an industry group whose members include AT&T and Verizon, said the decision was “a victory for American consumers that will lead to greater investment, innovation and competition in the dynamic digital marketplace.”
