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A federal appeals court ruled that the FCC lacked authority to reimpose net neutrality under its 2024 “Safeguarding and Securing the Open Internet Order.” The U.S. Court of Appeals for the 6th Circuit determined broadband providers are “information services,” not “telecommunications services” under Title II of the Communications Act, invalidating the legal basis for net neutrality enforcement.

The decision follows the U.S. Supreme Court’s 2024 Loper Bright Enterprises v. Raimondo ruling, which ended deference to agency interpretations of ambiguous statutes. Judges used statutory construction to reject the FCC’s classification, calling its regulatory approach “heavy-handed.”

The ruling drew mixed reactions. Opponents of Title II rules, including Evan Swarztrauber and former FCC Chair Ajit Pai, celebrated it as a significant victory. The case underscores the enduring political divide over net neutrality, with previous rules enacted in 2015 under the Obama administration repealed in 2017 by a Trump-era FCC.

The Biden administration’s attempt to restore net neutrality through the Safeguarding Order has now been halted by this decision.

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