the staff of the Ridgewood blog
Ridgewood NJ, in a significant ruling, the 6th Circuit Court of Appeals has struck down the Federal Communications Commission’s (FCC) 2023 vote to restore net neutrality rules. This decision represents a major setback for FCC Democrats and the Biden administration, who had championed open internet policies aimed at preventing broadband providers from prioritizing or restricting access to specific websites.
The Court’s Decision and Its Implications
The three-judge panel’s decision centers on the classification of broadband services. Writing for the majority, Judge Richard Allen Griffin argued that broadband must be treated as an “information service,” not a “telecommunications service,” as the FCC claimed in its 2023 order. This distinction undermines the FCC’s authority to impose the restored net neutrality rules under Title II of the Communications Act.
The ruling also relied on a pivotal Supreme Court decision from June 2023, which eliminated Chevron deference. Previously, Chevron deference required courts to uphold agency interpretations of ambiguous laws. The absence of this doctrine means judges must now independently interpret laws without deferring to agency expertise.
A History of Net Neutrality: A Tug-of-War
Net neutrality rules, first introduced in 2015 during the Obama administration, prohibit internet service providers from:
- Blocking or throttling access to certain websites.
- Offering faster service to companies that pay additional fees.
The rules were repealed in 2017 under the Trump administration, sparking years of heated debate. In April 2023, the FCC, led by Democratic Chair Jessica Rosenworcel, voted along party lines to reinstate the rules. However, this week’s court ruling reverses that decision, leaving the future of net neutrality uncertain once again.
What’s Next for Net Neutrality Advocates?
Chair Rosenworcel expressed her disappointment with the ruling and urged Congress to take legislative action:
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair. 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.”
Advocates of net neutrality argue that these rules are essential for maintaining a free and open internet, preventing broadband providers from acting as gatekeepers. Critics, however, believe the rules unnecessarily expand government control over the internet, addressing a problem they claim is not widespread.
What’s Wrong with Net Neutrality
Opponents of net neutrality generally argue preventing internet service providers from charging different prices for different services removes all incentive for providers to innovate or invest in expanding their bandwidth. Writer and internet analyst Larry Downes further asserts Internet service providers generally uphold net neutrality without specific regulations because of market pressure and the oversight of the Federal Trade Commission. Others predict net neutrality rules could ultimately raise costs for consumers, because if providers can’t charge different amounts for different services, they will start charging consumers based on the number of people using the network, forcing everyone to pay more.
Republicans Take the Helm
The ruling coincides with a shift in the FCC’s leadership. Republican Commissioner Brendan Carr, who voted against the restoration of net neutrality rules last year, is expected to assume the role of FCC Chair as the agency transitions to a GOP majority. Carr has been a vocal critic of net neutrality, describing the 2023 vote as based on a “laundry list of bogus justification.”
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