The National Association of Manufacturers said Tuesday a recent federal appellate court decision striking down the Federal Communications Commission’s so-called “net neutrality” rules is a victory over excessive government regulation by federal agencies.
U.S. Court of Appeals for the Sixth Circuit on Jan. 2 ruled that the FCC lacked authority to resurrect Obama administration rules that prevented broadband providers from giving preferential treatment by slowing speeds or restricting or blocking access to internet content.
“The Biden administration’s attempt to reinstate burdensome regulations on broadband providers was a prime example of agency overreach,” NAM Managing Vice President of Policy Chris Netram wrote in a social media post. Manufacturers welcomed the decision, he said.
In its unanimous opinion, the three-judge panel pointed to a U.S. Supreme Court decision in June, known as Loper Bright, that overturned a longstanding 1984 legal precedent that gave deference to government agencies on regulations.
“We acknowledge that the workings of the Internet are complicated and dynamic, and that the FCC has significant expertise in overseeing this ‘technical and complex area…’” the court wrote. “Yet, post-Loper Bright, that ‘capability,’ if you will, cannot be used to overwrite the plain meaning of the statute,” the court said, adding that the “FCC’s reading is inconsistent with the plain language of the Communications Act.”
The decision effectively ends more than a decade of legal back-and-forth over the FCC’s efforts to treat broadband internet companies as “common carriers,” like phone companies, subject to FCC utility-style regulation. President-elect Donald Trump’s pick to lead the FCC, Brendan Carr, has been a critic of net neutrality and recently called the appellate court’s decision “a good win” in a social media post.
