Sixth Circuit Blocks FCC’s Effort to Restore Net Neutrality Rules

A U.S. appeals court ruled the Federal Communications Commission did not have legal authority to reinstate landmark net neutrality rules. FCC Chair Rosenworcel urged Congress to enact the laws, while industry groups praised the decision, citing anti-consumer concerns.

The decision halts federal efforts to impose sweeping internet regulations, leaving state-level rules intact.
FCC Chair Jessica Rosenworcel urges Congress to codify net neutrality principles into federal law.
Telecom companies applaud the decision, citing benefits for innovation and investment.

The Sixth Circuit Court of Appeals ruled on January 2nd that the Federal Communications Commission (FCC) cannot reinstate net neutrality rules, dealing a significant blow to the Biden administration's efforts to restore open internet regulations, according to a Reuters report.

The decision hinged on the Supreme Court’s Loper Bright ruling from June 2024, which limited the deference federal agencies receive when interpreting their own authority.
“Applying Loper Bright means we can end the FCC’s vacillations,” the court stated, effectively nullifying the agency’s ability to impose the rules without explicit congressional authorization.

What’s at Stake

Net neutrality rules, first implemented in 2015 under the Obama administration, prohibited internet service providers (ISPs) from blocking or throttling content or prioritizing specific services through paid arrangements.
These regulations were repealed in 2017 under former President Donald Trump, creating a regulatory tug-of-war.
Restoring net neutrality had been a key goal for President Joe Biden, who signed a 2021 executive order urging the FCC to act. However, the court’s ruling now shifts the focus to Congress as the only avenue to enshrine open internet principles into law.
“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” FCC Chair Jessica Rosenworcel said, calling on lawmakers to take action.

Industry Applause

Telecom and broadband providers welcomed the court’s decision. USTelecom, representing industry giants like AT&T and Verizon, argued the ruling would spur innovation and competition.

“This is a victory for American consumers that will lead to more investment, innovation, and competition in the dynamic digital marketplace,” the group said in a statement.

Former FCC Chair Ajit Pai also praised the ruling, urging policymakers to focus on improving internet access and innovation rather than reinstating outdated rules.

Challenges Ahead

The decision preserves state-level net neutrality rules, such as those in California, but undermines efforts to create a unified federal framework. Advocates for net neutrality may push for a Supreme Court review, but the Trump administration, now in its second term, is unlikely to appeal.

The blocked rules would have provided the FCC with tools to address cybersecurity risks, monitor internet outages, and regulate Chinese telecom companies—a loss that has implications beyond consumer protections.

A coalition of tech companies, including Amazon, Alphabet, Apple, and Meta, backed the FCC’s efforts, arguing that net neutrality fosters a competitive and open digital economy.