DC Circuit Court holds oral arguments on net neutrality

The DC Circuit Court of Appeals recently held oral arguments on the FCC’s December 2017 Restoring Internet Freedom Order. In the 2017 Order, the Republican FCC, under Chairman Ajit Pai, rescinded the 2015 net neutrality rules, eliminating virtually all open Internet protections. In court, proponents of net neutrality argued that the Pai FCC overstepped its authority when it  reclassified ISPs as information (not telecom) services and preempted state net neutrality regulation.

“We did not argue today that the FCC only made a policy mistake. It broke the law, too. The FCC failed in its responsibility to engage in reasoned decision-making. In abdicating its oversight over broadband, it adopted legal theories that disregard D.C. Circuit and Supreme Court precedent, and effectively rewrote the Communications Act,” said Chris Lewis of Public Knowledge. “In short, the FCC’s move to reclassify broadband was both hasty and sloppy. The agency adopts unreasonable readings of the law and violates the Administrative Procedures Act. For these reasons, we are confident that the court will vacate the FCC's decision.”

The Communications Workers of America supports three bright-line, common sense Open Internet rules – no blocking, no throttling, and no favorable treatment of some websites and applications over others – to protect a free and open Internet.

Links:

Public Knowledge Tells D.C. Circuit FCC Illegally Repealed Net Neutrality (Public Knowledge, Feb. 1, 2019)

Judges grill FCC lawyer over net neutrality repeal (The Hill, Feb. 1, 2019)

The FCC’s net neutrality rules are officially repealed today. Here’s what that really means. (Washington Post, Jun. 11, 2018)

FCC Abandons Consumer Protection Responsibility With Net Neutrality Repeal (Public Knowledge, Dec. 14, 2017)

CWA: FCC vote will damage free and open Internet (Speed Matters, Dec. 14, 2017)