UPDATE A federal appeals court has temporarily stayed the FCC’s net neutrality rules from going into effect as other court cases play out. The stay was to remain in effect until at least today, according to Telecompetitor.
“Because the broadband providers have shown that they are likely to succeed on the merits and that the equities support them, we grant the stay,” a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit said in Thursday’s ruling, noted Broadband Breakfast.
“The American public wants an internet that is fast, open, and fair,” stated FCC Chairwoman Jessica Rosenworcel after the ruling. “Today’s decision by the Sixth Circuit is a setback but we will not give up the fight for net neutrality,” she said.
The FCC passed the new net neutrality rules with a split 3-2 vote on April 25, Inside Towers reported. Rosenworcel said at the time they would pass court review. FCC Commissioner Brendan Carr predicted they wouldn’t. Carr welcomed the latest court decision to stop what he called “Biden-Harris overreach.”
The rules were immediately appealed by trade associations representing ISPs including AT&T (NYSE: T), Charter (NASDAQ: CHTR), Comcast (NASDAQ: CMCSA) and Verizon (NYSE: VZ). They asserted the reinstated net neutrality rules to prevent blocking, throttling and favoring paid content weren’t necessary because they’re not taking those actions. Carr and colleague FCC Commissioner Nathan Simington also pointed out that internet prices are lower and speeds are faster than they had been in 2015, when the Tom Wheeler-led FCC passed net neutrality rules. Those were revoked in 2018, by the Ajit Pai-led Commission.
Rosenworcel has often said there needs to be a single, federal law to reclassify broadband providers under Title II of the Communications Act. It’s needed to keep the internet “fast, open and fair,” she said, Inside Towers reported.
Broadband Breakfast noted it appears the rules could remain on hold for years as the Supreme Court is expected to decide the legal issues in the end. Telecompetitor reported that as today approached, those on both sides of the issue will likely prepare new legal arguments.
By Leslie Stimson, Inside Towers Washington Bureau Chief
Reader Interactions