A U.S. appeals court on Thursday blocked the Federal Communications Commission from reinstating landmark net neutrality rules, saying broadband providers are likely to prevail in legal challenges. The FCC in April voted along party lines to reregulate broadband internet and reinstate open internet rules passed in 2015 but repealed during the administration of then-President Donald Trump.
The U.S. Court of Appeals for the Sixth Circuit said Thursday it will temporarily block net neutrality rules and plans to hold oral arguments on the issue in late October or early November, dealing a heavy blow to President Joe Biden's efforts to restore net neutrality rules.
"The final rule raises a significant issue and the Commission fails to meet the high standards required to implement such regulations," the court wrote. Net neutrality is likely to be a major issue that requires an explicit mandate from Congress. "
The court on July 12 temporarily put net neutrality rules on hold until August 5 as it considers the industry's legal challenge.
FCC Chairwoman Jessica Rosenworcel said: "The American public wants a fast, open and fair Internet. Today's ruling by the Sixth Circuit Court is a setback, but we will not give up the fight for net neutrality."
Net neutrality rules require Internet service providers to treat Internet data and users equally, rather than restricting access, slowing down speeds or blocking content for certain users. The rules also prohibit ISPs from making special arrangements to provide favored users with better network speeds or access.
The rules would prohibit internet service providers from blocking or slowing traffic to certain websites or paying to prioritize legal content, and give the FCC new tools to crack down on Chinese telecom companies and the ability to monitor internet service outages.
Restoring net neutrality has been a priority for Biden, who signed an executive order in July 2021 encouraging the FCC to reinstate rules passed in 2015 under fellow Democrat President Barack Obama.
During the Trump administration, Democrats took issue with the FCC arguing that net neutrality rules were unnecessary, hindered innovation, and led to a decline in network investment by ISPs.