Appeals Court Rules FCC Can't Block State Laws

A Federal Appeals Court on Tuesday delivered a Mixed Ruling for Net Neutrality Supporters and Opponents alike, allowing the Federal Communications Commission's (FCC) 2017 Repeal to Stand but Striking Down a Provision Blocking States from Implementing their Own Open Internet Rules.

The D.C. Circuit Court of Appeals also Ordered the FCC to Revise the Repeal Order to take into consideration other Issues, like the Effect that it will have on Public Safety.

The FCC decided to Repeal the Obama-era Net Neutrality Rules in 2017, with the Republicans on the Commission carrying the 3-2 Vote along Party Lines.

The Rules Classified Internet Service Providers (ISPs) like Comcast and Verizon as Common Carriers, subjecting them to Tougher Regulations and Oversight, and Prohibited them from Blocking or Discriminating against certain Websites.

Republicans and the Telecommunications Industry had Railed against the 2015 Rules but were Unable to get a Court to Overturn them.

The Repeal, which went into effect last year, was a Major Victory for the Industry, but despite their Win in Court on Tuesday they now face the possibility of having to Navigate State Laws governing Internet Providers' handling of Web Traffic.

Still, FCC Chairman Ajit Pai, a Republican who engineered the Repeal, declared Tuesday's Ruling a Win for his Agency. "Today’s decision is a victory for consumers, broadband deployment, and the free and open Internet," Pai said in a Statement. "The court affirmed the FCC’s decision to repeal 1930s utility-style regulation of the Internet imposed by the prior Administration. The court also upheld our robust transparency rule so that consumers can be fully informed about their online options."

But the Three-Judge Panel on the D.C. Circuit Court of Appeals delivered a Blow to the FCC by Ruling it had Exceeded its Legal Authority by seeking to Block States from Passing their Own Net Neutrality Rules, as many did over the past year and a half in a Nation-Wide Backlash to the FCC's Repeal.

"The Governmental Petitioners challenge the Preemption Directive on the ground that it exceeds the Commission’s statutory authority," the Judges wrote in the Opinion. "They are right."

That could Complicate a Legal Challenge that the Department of Justice (DOJ) brought against California last year over an Expansive Net Neutrality Law the State had Passed.

The DOJ Agreed to Pause its Lawsuit and California held off on Enforcing the Law while the Court Challenge to the FCC Decision played out.

We now have to wait to see if there is an Appeal, before the States can Enforce their Laws.










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