Access Alert: US Appeals Court Strikes Down FCC Net Neutrality Rules

On 2 January, the US Court of Appeals for the Sixth Circuit struck down the Federal Communications Commission’s (FCC) net neutrality rules, which sought to regulate broadband internet service providers (ISPs) as utilities.

Originally adopted in 2015 during the Obama administration, these rules classified ISPs as Title II common carriers under the Telecommunications Act with the stated purpose of preventing them from selectively blocking, degrading, or charging different rates for specific types of online content. The regulations were repealed during the Trump administration but reinstated in April 2024 under President Biden.

The Sixth Circuit’s decision is notable for citing the 2024 Supreme Court case Loper Bright Enterprises v. Raimondo, which overturned the long-standing “Chevron deference” principle directing courts to defer to federal agencies’ interpretations of federal law. Absent this precedent, the court ruled that the FCC’s reliance on its interpretation of the Telecommunications Act to justify the net neutrality rules exceeded its regulatory authority. This decision represents one of the first major applications of Loper Bright to invalidate federal agency regulations.

Looking ahead, Loper Bright will likely be used as a basis for challenging many other federal regulations in 2025 and beyond. While the FCC’s net neutrality rules are no longer in effect, state-level net neutrality laws, such as those in California, Colorado, Oregon, and Washington, are not impacted by the Sixth Circuit’s ruling. As state legislatures trickle back into session in the coming weeks, expect a torrent of new net neutrality bills to follow.

If you are interested in learning more about US telecommunications policy developments, please reach out to Jacob Hafey at [email protected].