Defending the open Internet Appeals court blocks FCCs efforts to bring back net neutrality rules A three-judge panel ruled the FCC exceeded its authority reviving net neutrality. Ashley Belanger Jan 2, 2025 4:53 pm | 24 Jessica Rosenworcel, chairwoman of the Federal Communications Commission (FCC), urged Congress to protect net neutrality. Credit: Bloomberg / Contributor | Bloomberg Jessica Rosenworcel, chairwoman of the Federal Communications Commission (FCC), urged Congress to protect net neutrality. Credit: Bloomberg / Contributor | Bloomberg Story textSizeSmallStandardLargeWidth *StandardWideLinksStandardOrange* Subscribers only Learn moreOn Thursday, a three-judge panel struck down net neutrality rules that the Federal Communications Commission (FCC) had hoped would stop broadband providers from varying speeds for users when connecting to different websites.In his opinion, US circuit judge Richard Allen Griffin wrote that the FCC lacked the authority to impose the net neutrality rules under the "telecommunications service" provision of the Communications Act."The core of the dispute here," Griffin wrote, "is whether Broadband Internet Service Providers" like Xfinity or Spectrum offer a "telecommunications service" or an "information service." Because judges agreed they offer the latter, the court ruled that they could not be subjected to the FCC's net neutrality policies.In the ruling, Griffin explained how the FCC has gone back and forth between considering broadband providers as either a telecommunications or information service, changing its position on net neutrality depending on which party is in office since the Clinton administration. But the 6th Circuit's ruling means "we can end the FCCs vacillations," holding once and for all that "Broadband Internet Service Providers offer an information service and that mobile broadband is a private mobile service," and therefore net neutrality laws apply to neither."The key here is not whether Broadband Internet Service Providers utilize telecommunications; it is instead whether they do so while offering to consumers the capability to do more," Griffin wrote, concluding that "they do.""The FCC exceeded its statutory authority," Griffin wrote, at one point accusing the FCC of arguing for a reading of the statute "that is too sweeping."The three-judge panel ordered a stay of the FCC's order imposing net neutrality rulesknown as the Safeguarding and Securing the Open Internet Order.In a statement, FCC chair Jessica Rosenworcel suggested that Congress would likely be the only path to safeguard net neutrality moving forward. In the federal register, experts noted that net neutrality is critical to boosting new applications, services, or content, warning that without clear rules, the next Amazon or YouTube could be throttled before it can get off the ground."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."Rosenworcel will soon leave the FCC, likely replaced by Trump's incoming FCC chair pick, Brendan Carr.Carr helped to overturn net neutrality in 2017 and is expected to loosen broadband regulations if confirmed. Carr still must be approved by the Senate, but because Republicans hold a majority there, most of Trump's nominations are expected to go through, ABC News reported.Ashley BelangerSenior Policy ReporterAshley BelangerSenior Policy Reporter Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. 24 Comments