A US appeals court has blocked the Federal Communications Commission’s (FCC) decision to reinstate net neutrality rules and said ISPs will likely be able to defend their position in a case with the agency.
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In April, the FCC voted to resume oversight of broadband services and restore open internet rules that were enacted in 2015 but rolled back by President Donald Trump. The US Court of Appeals yesterday blocked the return of the principle of net neutrality and scheduled oral arguments on this issue – they will take place in late October or early November. “The final rule includes an important issue, and the commission failed to meet the high bar for such a rule. “Net neutrality is arguably an important issue that requires clear authorization at the Congressional level,” the court said. The court previously suspended the net neutrality rule from July 12 to August 5 while it considers industry concerns.
The principle of net neutrality requires service providers to treat all data and users equally, without restricting access, slowing speeds, or blocking content for any subscriber. The norm does not allow the conclusion of agreements under which providers can provide better communications with resources for certain groups of users. The principle prohibits ISPs from blocking access or slowing traffic to certain websites or charging fees for giving priority to certain content. The rules also give the FCC new tools to crack down on Chinese telecom companies and give the agency tools to monitor disruptions to Internet services.
Current US President Joe Biden signed an executive order in July 2021 calling on the FCC to reinstate regulations adopted in 2015 under Barack Obama. Under Trump, FCC members have said net neutrality rules are unnecessary because they stymie innovation and discourage ISPs from investing in infrastructure.