Federal Court Blocks Biden Administration’s ‘Net Neutrality’ Rules

A federal appeals court on Thursday struck down the Biden administration-backed “net neutrality” regulations implemented last year by the Federal Communications Commission (FCC). 

The Sixth Circuit Court of Appeals ruled 3-0 against the FCC’s recent order that said Broadband Internet Service Providers must follow net neutrality rules because they are a “telecommunications service.” Net neutrality rules block broadband providers from varying speeds or blocking connections to third-party websites

In a 26-page decision, Judge Richard Griffin wrote that the FCC “lacks the statutory authority to impose its desired net-neutrality policies” because broadband providers offer an “information service” and are not a telecommunications service under federal law. 

Griffin said that because broadband providers are an information service they are not “not subject to common-carrier regulations.”

“For the reasons that follow, we hold that Broadband Internet Service Providers offer an information service and that mobile broadband is a private mobile service,” he wrote. “Therefore, the FCC exceeded its statutory authority by issuing the Safeguarding Order.”

The court’s decision came after the FCC reinstated “net neutrality” policies in April 2024, which several broadband providers challenged. 

In response, Democratic FCC Chair Jessica Rosenworcel called for Congress to implement net neutrality regulations. 

“Consumers across the country have told us again and again that they want an internet that is fast, open, and fair,” Rosenworcel said. “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.”

FCC Commissioner Brendan Carr, whom President-elect Donald Trump has selected as the next chair of the commission, praised the court’s decision, calling it a “win” for the country. He said the regulations were part of the Biden administration’s work “to expand the government’s control over every feature of the Internet ecosystem.”

“I am pleased that the appellate court invalidated President Biden’s Internet power grab by striking down these unlawful Title II regulations,” he said. “But the work to unwind the Biden Administration’s regulatory overreach will continue. I welcome the chance to advance a policy agenda that will deliver great results for the American people.”