Court blocks the FCC’s efforts to restore net neutrality… again

The Federal Communications Commission’s voted to restore net neutrality protections back in April, but the process isn’t as smooth-sailing as its proponents would like. According to Reuters and Fast Company, the Sixth Circuit US Court of Appeals has temporarily blocked the rules from taking effect because the broadband providers’ legal case challenging their reinstatement will likely succeed. A group of cable, telecom and mobile internet providers sued the FCC shortly after its three Democrat commissioners voted to restore net neutrality protections

Under net neutrality rules, broadband services are classified as essential communications resources. That gives the FCC the power to regulate broadband internet and to prohibit providers from offering paid prioritization, which some ISPs have been using to charge bandwidth-heavy companies like Netflix additional fees. It will also prevent ISPs from blocking or slowing down traffic to specific websites.

Net neutrality’s opponents have long argued that the rules will put off investors. The group of providers that filed this recent case against the FCC said the rules’ reinstatement would force them to “forego valuable new services, incur prohibitive compliance costs and pay more to obtain capital.” In its decision, the court wrote that the “commission has failed to satisfy the high bar for imposing such regulations and that “net neutrality is likely a major question requiring clear congressional authorization.”

The commission originally approved net neutrality rules back in 2015, though they have been in the works for years before that. Under the Trump administration, however, the FCC had voted to roll back the rules and to reclassify broadband internet services back to Title I, which means the agency would have less oversight on the industry. The rules were supposed to take effect on July 22 after the FCC voted to reinstate them, but a court blocked them from taking effect until August 5. Now, net neutrality’s proponents will have to wait even longer. The appeals court has scheduled oral arguments discussing the issue for late October or early November, before or during the 2024 US presidential election.