A federal appeals court threw a major roadblock into the Federal Communications Commission’s Net neutrality plans as well as its broader National Broadband Plan, ruling that the agency lacks the authority to regulate the Internet.
A three-judge panel in Washington said that while Congress gave the FCC broad and adaptable power to keep pace with evolving technology, it needs, and lacks, express authorization from Congress to interfere with the management of broadband by the providers.
While the decision was not specifically aimed at the Net neutrality policy, the FCC agrees that the reasoning applies to it, conceding that it invalidates its “approach to preserving an open Internet.”
“Nobody knows if there are any protections left on broadband services for consumers or industry for that matter,” said Maura Corbett, a partner at Qorvis Communications who has worked for Net neutrality advocates.
And it’s possible that the FCC is now powerless to implement the National Broadband Plan the administration rolled out to great fanfare last month promising to chart the next decade of Internet development, Corbett said.
The FCC’s limbo could be resolved in three ways, all of which come with distinct downsides, she said. Congress could grant the FCC the needed authority, but lawmakers have shown little appetite to take on another contentious issue in a year already packed with controversy. The commission could appeal the decision, which is unlikely because there is little chance of success. Or officials could try to tweak existing regulations, which is the practice the court knocked down today.
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