Bar Exams in the Pandemic JURIST Digital Scholars
Federal appeals court upholds net neutrality repeal but allows state regulations
geralt / Pixabay
Federal appeals court upholds net neutrality repeal but allows state regulations

The US Court of Appeals for the District of Columbia Circuit on Tuesday allowed the Federal Communications Commission’s (FCC) net neutrality repeal to stand but found that states may make their own net neutrality regulations.

“Despite the Commission’s failure to adequately consider the 2018 Order’s impact on public safety, pole-attachment regulation, and the Lifeline Program and despite our vacatur of the Preemption Directive, we decline to vacate the 2018 Order in its entirety.”

The plaintiffs argued that the FCC was going above and beyond its role by modifying federal net neutrality rules. The appeals court found the plaintiffs’ arguments to be unpersuasive, but did make two caveats.

First, the court stated that the FCC exceeded its traditional role by disallowing states to pass their own net neutrality policies. Second, the court ruled that because the FCC had removed its authority over internet providers, they had no authority over state net neutrality laws.