The FCC's net neutrality rules have been upheld by the US Court of Appeals for the District of Columbia Circuit, marking a victory in the decade-long battle to keep the internet open. FCC chairman Tom Wheeler said the ruling represented a victory for consumers and innovators who deserve unfettered access to the entire web. He said it means the internet will remains a platform for innovation, free expression and economic growth.
The court decision affirms the Commission’s ability to enforce the strongest possible internet protections, both on fixed and mobile networks. Those who supported the FCC's efforts said it definitely answers the question of whether the FCC has the authority to impose net neutrality rules and to reclassify broadband. Public Knowledge said the decision should lay to rest what has become a needlessly contentious issue. “Now consumers will be assured the right to full access to the internet without interference from gatekeepers," it said.
The FCC adopted a set of principles for an open internet in 2005. Three years later when the agency tried to reprimand Comcast for violating those principles, the federal court ruled the FCC had no authority to take such action. In 2010, the agency came out with net neutrality regulations. Verizon challenged these rules in court, and in 2014, the court once again questioned the FCC's legal authority but acknowledged the agency's concern that large broadband providers might abuse their power and suggested employing a sounder legal argument based on the 1996 Telecommunications Act.
The FCC rewrote the rules in 2015. After these were voted on in the same year, the broadband and mobile sued the government, stating it did not have the authority to reclassify broadband. These groups contend that the regulation will stifle innovation and raise prices for consumers.
