UPDATE A federal appeals court in Ohio on Friday blocked the FCC’s Net Neutrality rules from taking effect this month.
A coalition of national and regional trade associations representing ISPs such as Comcast (NASDAQ: CMCSA), Charter (NASDAQ: CHTR), AT&T (NYSE: T) and Verizon (NYSE: VZ) challenged the rules in court, Inside Towers reported. Coalition members included USTelecom, NCTA, CTIA, ACA Connects and several state broadband associations. That court challenge came after the agency voted 3-2 in April to reinstate the competition rules that reclassified broadband ISPs as common carriers under Title II of the Communications Act.
The rules were to take effect on July 22. A panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati temporarily stayed the rules until August 5. “To provide sufficient opportunity to consider the merits of the motion to stay the FCC’s order, we conclude that an administrative stay is warranted,” the court said, noted Broadband Breakfast.
The FCC could ask the full Sixth Circuit to review the three-judge panel’s ruling. The agency could also file an appeal with Supreme Court Justice Brett Kavanaugh, who oversees the Sixth Circuit. As a Circuit Judge in 2017, Kavanaugh said the FCC’s 2015 Net Neutrality rules were “unlawful,” according to Broadband Breakfast.
After the split vote in April, Inside Towers reported the new approach largely mirrors the Net Neutrality rules in place under former FCC Chairman Tom Wheeler. They bar ISPs from blocking or throttling lawful content or prioritizing paid content.
ISPs and FCC Commissioners Brendan Carr and Nathan Simington argued the changes weren’t needed because ISPs aren’t conducting these actions. Internet speeds are actually faster and services are less expensive than years ago, they asserted. Carr was “optimistic” the courts would overturn the ruling.
FCC Chairwoman Jessica Rosenworcel emphasized there should be a single, federal law on the issue and the changes are needed to ensure the internet remains “fast, open and fair.” She said the agency was acting within its purview and the rules would withstand court challenges.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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