The National Association of Manufacturers (NAM) has expressed approval of a recent federal appellate court decision that struck down the Federal Communications Commission's (FCC) net neutrality rules. The U.S. Court of Appeals for the Sixth Circuit ruled on January 2 that the FCC did not have the authority to reinstate regulations from the Obama administration, which aimed to prevent broadband providers from offering preferential treatment by slowing speeds or blocking access to internet content.
NAM Managing Vice President of Policy Chris Netram commented on social media, stating, "The Biden administration’s attempt to reinstate burdensome regulations on broadband providers was a prime example of agency overreach." He noted that manufacturers welcomed this decision.
The court's unanimous opinion referenced a U.S. Supreme Court decision in June, known as Loper Bright, which overturned a longstanding legal precedent from 1984 that allowed government agencies deference in regulation matters. The panel acknowledged the complexity and technical nature of internet operations but stated that post-Loper Bright, such expertise could not override clear statutory language. They found the FCC's interpretation inconsistent with the Communications Act.
This ruling concludes over ten years of legal disputes regarding the FCC's attempts to regulate broadband internet companies as "common carriers," similar to phone companies. Brendan Carr, President-elect Donald Trump's choice for leading the FCC and a critic of net neutrality, described the appellate court's decision as "a good win" in a social media post.
