US Court of Appeals Issues Net Neutrality Decision

We uphold the 2018 Order, with two exceptions. First, the Court concludes that the Federal Communications Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the FCC “repealed or decided to refrain from imposing” in the Order or that is “more stringent” than the Order. 2018 Order ¶ 195. The Court accordingly vacates that portion of the Order. Second, we remand the Order to the agency on three discrete issues: (1) The Order failed to examine the implications of its decisions for public safety; (2) the Order does not sufficiently explain what reclassification will mean for regulation of pole attachments; and (3) the agency did not adequately address Petitioners’ concerns about the effects of broadband reclassification on the Lifeline Program. 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...

Coverage of decision:

• Federal Court Upholds Most of FCC 'Net Dereg (Multichannel News)
• Ajit Pai wins (and loses) in court as net neutrality repeal is mostly upheld (ars technica)
• FCC Rollback of Net Neutrality Rules Is Partly Upheld by Appeals Court (Wall Street Journal)
• Appeals court upholds FCC’s canceling of net neutrality rules (Washington Post)
• U.S. court says FCC cannot bar states from setting net neutrality rules (Reuters)
• Appeals court upholds net neutrality repeal but rules FCC can't block state laws (The Hill)
• FCC’s Gutting of Obama-Era Net Neutrality Rules Upheld by Court (Bloomberg)
• State Net Neutrality Laws Get Green Light in Court Ruling (Bloomberg Law)
• Appeals court upholds net neutrality rules but provides path for states to push back (CNN)
• Court mostly OKs FCC's net neutrality repeal but lets states craft their own rules (Politico)
• Appeals Court Upholds Most of Restoring Internet Freedom Order (telecompetitor)
• Courts Mostly Back FCC Assault on Net Neutrality (Vice)
• Court Upholds Net Neutrality Repeal, With Some Caveats (New York Times)
• Net neutrality court ruling: States can set own rules (C|Net)