Appeals court throws out FCC’s attempt to bring back net neutrality regulations

On Thursday, a three-judge panel threw out the FCC’s net neutrality rules that the agency had expected would prevent upload and download speeds from discriminating when accessing different websites by broadband providers. According to his opinion, US circuit judge Richard Allen Griffin holds the view that FCC cannot regulate this process basing on the “telecommunications service” clause of the Communications Act.

In the very centre of the conflict here, according to Griffin, it is about whether BISPs like Xfinity or Spectrum provide “telecommunications service” or “information service.” Since judges stated they provide the latter, the court concluded it cannot be subjected to the FCC net neutrality regulations.

Appeal Griffin in the ruling showed how the FCC has switched between deciding that broadband service providers are a Telecom or Info service depending on which branch of the administration is in power since Clinton. That is, until the 6th Circuit’s decision: “we can end the FCC’s vacillations” regarding whether “Broadband Internet Service Providers offer an information service and that mobile broadband is a private mobile service” so that net neutrality laws don’t apply.

“The issue here is not whether Broadband Internet Service Providers do utilize telecommunications; the issue is whether they do it while providing consumers the chance of doing more,” Griffin wrote that they do. “The FCC exceeded its statutory authority,” Griffin wrote, at one point charging the FCC of propounding a reading of the statute that is too sweeping. The panel of three Judges sought to block the FCC’s order that otherwise aimed at regulating net neutrality as the Safeguarding and Securing the Open Internet Order.

Again, in a statement, FCC chair Jessica Rosenworcel recommended that the only opportunity of protecting net neutrality in future was through congress. In the same register, experts said that it is net neutrality that is important in the creation of new applications, services or content observing that an ambiguity in rules might slow down young Internet giants like the next Amazon or YouTube. This is one of the many things consumers across the nation have repeatedly expressed to us they desire: an Internet that is fast, open, and non discriminately so, Rosenworcel noted.

Thus, with this decision it is apparent that Congress will have to rise to their challenge, embrace the cause of net neutrality, and place unalienable principles of open Internet into federal code. Rosenworcel stepped down soon from the FCC has announced Trump’s pick for the new FCC chair, Brendan Carr, who was instrumental in rolling back the net neutrality in 2017 and is likely to ease the broadband rules still he is confirmed.

/ Jessica Rosenworcel, who is the FCC chairwoman, called on Capitol Hill to preserve net neutrality.