The translation of the heading to English is: "US court shows doubts about FCC's authority on net neutrality rules.
- The case underscores the need for a clear legal basis and increases the pressure on the legislator.
- U.S. court shows doubts about the FCC's authority to enforce net neutrality rules.
Eulerpool News·
In a dramatic turn in the dispute over U.S. net neutrality, federal appellate judges in Cincinnati this week expressed significant doubts about whether the Federal Communications Commission (FCC) is even authorized to reinstate the landmark net neutrality rules. The case, brought by representative groups of internet service providers, raises the question of whether the agency is overstepping its authority.
Supported by President Joe Biden, a Democrat, the FCC revived the rules originally implemented in 2015 under President Barack Obama and then withdrawn in 2017 under his successor, Donald Trump. However, the 6th U.S. Circuit Court of Appeals blocked the enforcement of the rules in August, while the legal battles continue.
The net neutrality rules require internet service providers to treat data and users equally and prohibit preferential arrangements that enable improved network speeds for certain users. The issue revolves around whether the FCC can classify broadband internet as a telecommunications service, which would grant it extensive regulatory control.
Judge Richard Allen Griffin remarked that the FCC's shifting positions over the last three administrations might present a problem. Meanwhile, FCC's Deputy General Counsel Jacob Lewis insisted that federal law grants the agency the authority to implement the rules. Major tech companies like Amazon, Apple, Alphabet, and Meta Platforms support the net neutrality rules, while the US telecommunications industry stands united against them.
Another panel of the 6th Circuit applied the "Major Questions" doctrine in blocking the FCC action, which requires clear authorization from Congress for significant regulatory measures. This legal perspective frames the FCC's efforts in a new light and increases the pressure on lawmakers to create definitive clarity.
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