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The US Sixth Circuit Court of Appeals ruled yesterday that the FCC they don’t they have the statutory authority to enact neutral laws.
Since the rules were enacted in 2015, the FCC has said that classifying ISPs as “telecommunications services” gives it more regulatory power. The decision to redefine ISPs as “information services” during the first term of the Trump Administration led to the 2017 net neutrality repeal.
The current FCC voted to restore net neutrality on April 25 of last year. The difference between 2015 and 2015 now is that the Supreme Court has profoundly reinterpreted an important legal doctrine. The Chevron doctrine states that if Congress does not reconsider an issue, courts should refrain from interpreting federal agencies. Now, the interpretation falls to the individual judge, and the Sixth Circuit disagrees with the FCC.
This is the end of the FCC’s testing process a little power wrench from internet providers and carriers as well as internet speed and access regardless of service. Net neutrality laws remain in place in California and other states, but anything in the state will require action by Congress or, in this case, an appeal to (and succeed in) the Supreme Court.
—Matt Smith
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