The FCC can't justify preempting states from imposing rules to regulate broadband Internet, a Washington, D.C., federal appeals court has ruled, but its repeal of net neutrality policies mostly stands.
Still the FCC moved ahead with its Restoring Internet Freedom order in 2018 that rolled back the prohibitions on ISPs throttling content and sought to preempt states from enacting their own policies, which prompted the legal fight at hand.
First, it held that the FCC can't preempt states from imposing their own net neutrality policies. "[T]he Commission lacked the legal authority to categorically abolish all fifty States’ statutorily conferred authority to regulate intrastate communications," states the order, which is posted in full below. "For that reason, we vacate the Preemption Directive.
"Regulation of broadband Internet has been the subject of protracted litigation, with broadband providers subjected to and then released from common carrier regulation over the previous decade," states the order. "We decline to yet again flick the on-off switch of common carrier regulation under these circumstances."
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