The Federal Communications Commission (FCC) requested the U.S. 6th Circuit Court of Appeals in Cincinnati, Ohio, to transfer a series of industry legal challenges regarding its decision to reinstate landmark net neutrality rules to the U.S. Circuit Court of Appeals for the District of Columbia. Net neutrality rules mandate that internet service providers (ISPs) treat all internet data and users equally, prohibiting practices like restricting access, slowing speeds, or blocking content for specific users. Additionally, these rules forbid special arrangements where ISPruls offer improved network speeds or access to preferred users.
The 6th Circuit was randomly chosen after legal challenges were filed in seven circuit courts. The FCC argued that transferring the case to the D.C. Circuit would be “most efficient, and in the interest of justice,” noting that the D.C. Circuit “has repeatedly engaged with the FCC concerning the lawful contours” of open-internet rules in previous court decisions.
In April, the FCC voted along party lines to reassert regulatory oversight of broadband internet and reinstate the open internet rules initially adopted in 2015 and later rescinded under then-President Donald Trump. These rules will prevent ISPs from blocking or slowing traffic to certain websites or engaging in paid prioritization of lawful content. The reinstated rules also provide the FCC with new tools to address Chinese telecom companies and monitor internet service outages.
In a separate action on Friday, the FCC rejected a request by industry groups representing AT&T, Comcast, Verizon, and others to halt its order from taking effect on July 22. The agency stated that delaying the order “would risk hindering the commission’s ability to pursue other policy obligations and objectives that will benefit consumers, particularly those related to national security and public safety.”
The FCC also noted that the industry groups failed to demonstrate they would suffer irreparable harm if the net neutrality order takes effect, citing a lack of “concrete evidence.” Reinstating net neutrality has been a priority for President Joe Biden, who signed a July 2021 executive order encouraging the FCC to reinstate the 2015 rules established under President Barack Obama.
Under President Trump, the FCC argued that net neutrality rules were unnecessary, hindered innovation, and led to a decline in network investment by ISPs, a claim disputed by Democrats.
