US appeal court blocks Biden administration net neutrality rules

Rules would give FCC tools to crack down on Chinese telecoms firms; bar internet service providers from blocking traffic to some websites

Reading Time:2 minutes

A sign with an emoji reading “Don’t take net neutrality away”. Photo: AP

Published: 6:45am, 2 Aug 2024

A US appeal court on Thursday blocked the Federal Communications Commission’s reinstatement of landmark net neutrality rules, saying broadband providers are likely to succeed in a legal challenge.

The FCC voted in April along party lines to reassume regulatory oversight of broadband internet and reinstate open internet rules adopted in 2015 that were rescinded under then-US president Donald Trump.

The Sixth Circuit US Court of Appeals, which had temporarily delayed the rules, said on Thursday it would temporarily block net neutrality rules and scheduled oral arguments for late October or early November on the issue, dealing a serious blow to US President Joe Biden’s effort to reinstate the rules.

“The final rule implicates a major question, and the commission has failed to satisfy the high bar for imposing such regulations,” the court wrote. “Net neutrality is likely a major question requiring clear congressional authorisation.”

The court on July 12 had temporarily placed the net neutrality rules on hold until August 5 as it considered industry legal challenges.

Federal Communications Commission’s chairwoman Jessica Rosenworcel. Photo: Pool via Reuters

FCC chairwoman Jessica Rosenworcel said: “The American public wants an internet that is fast, open, and fair. Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality.”