US Appeals Court Blocks Biden Administration Effort To Restore Net Neutrality Rules

A U.S. appeals court ruled on Thursday the Federal Communications Commission did not have legal authority to reinstate landmark net neutrality rules. From a report: The decision is a blow to the outgoing Biden administration that had made restoring the open internet rules a priority. President Joe Biden signed a 2021 executive order encouraging the FCC to reinstate the rules.

A three-judge panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals said the FCC lacked authority to reinstate the rules initially implemented in 2015 by the agency under Democratic former President Barack Obama, but then repealed by the commission in 2017 under Republican former President Donald Trump.

The rules also forbid special arrangements in which ISPs give improved network speeds or access to favored users. The court cited the Supreme Court's June decision in a case known as Loper Bright to overturn a 1984 precedent that had given deference to government agencies in interpreting laws they administer, in the latest decision to curb the authority of federal agencies. 'Applying Loper Bright means we can end the FCC's vacillations,' the court ruled.

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