Court debates FCC’s power over net neutrality

A US federal appeals court has expressed doubts over the Federal Communications Commission’s authority to reinstate net neutrality rules. A three-judge panel of the 6th Circuit Court in Cincinnati heard arguments from the telecom industry, which claims the FCC exceeded its powers by reintroducing the rules. Initially implemented under the Obama administration, net neutrality was later repealed by the Trump administration before being revived under President Joe Biden.

Net neutrality regulations prevent internet service providers (ISPs) from blocking or slowing access to websites and prohibit paid prioritisation arrangements that favour some content over others. The FCC’s April decision to classify broadband as a telecommunications service has drawn significant opposition from major telecom firms, while receiving backing from tech giants like Amazon, Apple, and Google. However, the 6th Circuit has temporarily blocked the rules’ enforcement while the legal challenge proceeds.

Central to the case is whether Congress granted the FCC sufficient authority to make sweeping regulations on internet services. The telecom industry argues that the ‘major questions’ doctrine, a judicial principle requiring clear congressional authorisation for significant regulatory action, should apply. Industry lawyer Jeff Wall contends that Congress should decide the matter, not an agency acting independently.

The judges also debated the FCC’s evolving stance on broadband regulation over recent administrations. Judge Griffin questioned whether frequent policy shifts weakened the FCC’s case, while Judge Kethledge urged a focus on statutory text rather than broad doctrines. A ruling on the matter could significantly impact the regulatory landscape for ISPs and the future of net neutrality.