A federal appeals court struck down the Federal Communications Commission’s net neutrality rules, which would have kept Internet service providers from slowing or prioritizing some content and users over others.The ruling marks another blow in a long legal battle over the commission’s authority to enforce net neutrality rules on Internet and mobile companies.
In question is the FCC’s Open Internet Order, commonly referred to as its net-neutrality rules, which was passed in December of 2010. The rules were designed to prohibit Internet service companies from slowing, blocking or prioritizing some content and users over others. The order imposed stricter rules on wired Internet services than mobile services. But in September of 2013, Verizon took the commission to court arguing that it did not have the legal authority to impose “common carrier” principles on Internet service providers. The commission argued that it needed to enforce net-neutrality rules to meet its legal responsibility to deploy broadband access across the country. (Read more here about the trial and net neutrality).
The court’s ruling offers a sliver of hope for the FCC. The court acknowledged that the commission has some limited authority to make rules that govern broadband providers’ treatment of Internet traffic so long as it promotes broadband deployment—for example, by preserving and facilitating “the ‘virtuous circle’ of innovation that has driven the explosive growth of the Internet,” wrote Judge Tatel. This means the Commission has a narrow opportunity to adopt rules that lead to broadband access deployment, especially in areas that are underserved by major Internet providers.
It is clear that the battle over net neutrality is far from over. To take action, contact the Federal Communications Commission and insist that they preserve net neutrality.