The Morning After: FCC’s attempt to restore net neutrality didn't work

The Sixth Circuit US Court of Appeals ruled yesterday that the FCC does not have the "statutory authority" to implement net neutrality rules.

Since the rules were established in 2015, the FCC argued that classifying ISPs as "telecommunication services" gives it broad authority to regulate them. The decision to redefine ISPs as "information services" during the first Trump Administration led to the repeal of net neutrality in 2017.

The current FCC voted to restore net neutrality on April 25 last year. The difference between 2015 and now is the Supreme Court's recent, radical reinterpretation of an important legal doctrine. The Chevron doctrine said that if Congress doesn't weigh in on an issue, courts are supposed to defer to the interpretation of government agencies. Now, interpretation falls to the individual judge, and the Sixth Court doesn't agree with the FCC.

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