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The Federal Communications Commission voted in April to reinstate net neutrality protections, but the process has not been as smooth as supporters hoped. Reuters and Fast CompanyThe U.S. Court of Appeals for the 6th Circuit temporarily blocked the rules from going into effect because broadband providers are likely to win lawsuits challenging their reinstatement. A group of cable, telecommunications and mobile internet providers sued the FCC shortly after the FCC’s three Democratic commissioners voted to reinstate net neutrality protections.
Net neutrality rules classify broadband service as an essential communications resource, giving the FCC the power to regulate broadband Internet and prohibit providers from offering paid priority services, which some ISPs use to charge extra for bandwidth-hungry companies like Netflix. The rules also prohibit ISPs from blocking or throttling traffic to certain websites.
Opponents of net neutrality have long argued that the rules will alienate investors. This recent lawsuit was brought The court disagreed and said that by reinstating the rules, the FCC would “have to give up valuable new services, incur exorbitant compliance costs, and pay more to acquire capital.” In its decision, the court wrote that “the FCC has not met the high bar for imposing such regulations, and net neutrality is likely a major issue that requires explicit Congressional authorization.”
The commission approved net neutrality rules in 2015, but they had been under consideration for years before that. But under the Trump administration, the FCC voted to repeal the rules and reclassify broadband internet service under Title I, meaning the agency would have less oversight over the industry. The rules were set to take effect on July 22 after the FCC voted to reinstate them, but a court order has ruled them in place. Prevented it from coming into force Until Aug. 5. Now net neutrality supporters will have to wait even longer: The appeals court has scheduled oral arguments to discuss the issue in late October or early November, either before or during the 2024 US presidential election.
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