October 1, 2019
The U.S. Court of Appeals for the D.C. Circuit Oct. 1 affirmed the basic principles of Republican-led efforts to deregulate net neutrality guidelines established during the Obama Administration.
The three-judge panel did rule against the FCC superseding state efforts to impose local guidelines where the federal government did not.
“We uphold the 2018 order, with two exceptions,” the court wrote. “The order failed to examine the implications of its decisions for public safety; the order does not sufficiently explain what reclassification will mean for regulation of pole attachments; and the agency did not adequately address petitioners’ concerns about the effects of broadband reclassification.”
Under Title II provisions of the Communications Act approved by the FCC under Obama, commerce and video distribution on the Internet, including ISP distribution of broadband to consumers, was regulated more rigorously as a utility.
Conservatives argued net neutrality guidelines would negatively impact business investment, among other issues.