A US Appeals Court has struck down the Federal Communications Commission's (FCC) attempt to reinstate net neutrality rules supported by the Biden administration, ruling that the agency lacked legal authority for such action.

The ruling challenges President Biden's 2021 executive order that aimed to restore net neutrality regulations originally implemented under the Obama administration in 2015 and later repealed during Trump's presidency in 2017.

Net neutrality regulations require internet service providers (ISPs) to:

• Treat all internet data and users equally
• Prevent restricting access or slowing speeds
• Block content discrimination
• Prohibit paid prioritization arrangements for improved network access

The Appeals Court based its decision on the Supreme Court's Loper Bright ruling, which overturned the 1984 precedent allowing government agencies to interpret their administrative laws.

Incoming FCC Chairman Brendan Carr celebrated the decision, describing Biden's executive order as an "internet power grab." In his statement, Carr criticized the administration's broader internet regulation efforts, including:

• Pressure on social media companies regarding content moderation
• Implementation of "digital equity" rules
• Application of utility-style regulations to the internet

Carr emphasized that Biden's Title II regulations departed from a long-standing bipartisan consensus that had enabled the internet's growth in America. He pledged to continue unwinding what he termed the "Biden Administration's regulatory overreach."

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