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US Appeals Court Challenges FCC's Authority on Net Neutrality Rules

The court questions if the FCC can reinstate net neutrality without clear congressional authorization.

Overview

  • A three-judge panel from the 6th U.S. Circuit Court of Appeals is reviewing the FCC's authority to enforce net neutrality rules reinstated under the Biden administration.
  • The FCC's 2023 decision to restore the 2015 net neutrality rules, which were repealed in 2017, is facing legal challenges from internet service providers.
  • The court's skepticism hinges on whether the FCC can classify broadband as a telecommunications service, granting it broad regulatory powers.
  • The legal debate involves the 'major questions' doctrine, which requires explicit congressional approval for regulations with significant economic or political impact.
  • Major tech companies support the FCC's stance, while telecom industry groups argue that Congress has not granted the FCC such authority.