“The key here is not whether Broadband Internet Service Providers utilize telecommunications; it is instead whether they do so while offering to consumers the capability to do more,” Griffin wrote, concluding that “they do.”
“The FCC exceeded its statutory authority,” Griffin wrote, at one point accusing the FCC of arguing for a reading of the statute “that is too sweeping.”
The three-judge panel ordered a stay of the FCC’s order imposing net neutrality rules—known as the Safeguarding and Securing the Open Internet Order.
In a statement, FCC chair Jessica Rosenworcel suggested that Congress would likely be the only path to safeguard net neutrality moving forward. In the federal register, experts noted that net neutrality is critical to boosting new applications, services, or content, warning that without clear rules, the next Amazon or YouTube could be throttled before it can get off the ground.
“Consumers across the country have told us again and again that they want an Internet that is fast, open, and fair,” Rosenworcel said. “With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open Internet principles in federal law.”
Rosenworcel will soon leave the FCC and will be replaced by Trump’s incoming FCC chair pick, Brendan Carr, who helped overturn net neutrality in 2017 and is expected to loosen broadband regulations once he’s confirmed.
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