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The Morning After: FCC’s attempt to restore net neutrality didn’t work
In a blow to advocates of online freedom and fairness, the Sixth Circuit US Court of Appeals has ruled that the Federal Communications Commission (FCC) does not have the statutory authority to implement net neutrality rules. This decision marks the end of the road for the FCC’s attempts to regain control over internet service providers’ (ISPs) practices.
The FCC had argued that classifying ISPs as “telecommunication services” gives it broad authority to regulate them. However, this argument was rejected by the court, which instead chose to apply a radical reinterpretation of an important legal doctrine – the Chevron doctrine. Under the new interpretation, the court does not defer to the agency’s interpretation but rather falls to individual judges to decide.
This decision is significant as it means that net neutrality rules will remain in California and other states, but anything at the federal level will require either an act of Congress or a successful appeal to the Supreme Court. The FCC had attempted to restore net neutrality on April 25 last year by voting to reinstate rules aimed at preventing ISPs from throttling internet traffic, blocking certain websites, or prioritizing some content over others.
The decision comes as a major blow to those who advocate for an open and free internet, where all online content can be accessed without restrictions. The ruling also raises concerns about the potential for ISPs to abuse their powers and create a digital divide in the United States.
The FCC’s failure to regain control over ISPs’ practices marks the end of its attempts to level speeds and access regardless of service.
Source: www.engadget.com
