A federal appeals court struck down the Federal Communications Commission’s net neutrality rules that prevented internet service providers from throttling or blocking some content or charging more to deliver it.

The U.S. Court of Appeals for the Sixth Circuit said Thursday that the FCC lacked the authority to reinstate the Obama-era rules, dealing a final blow to a decade-long effort to gain greater oversight over the internet.

Long the source of partisan tensions, the net neutrality rules were repealed in Donald Trump’s first term. President Joe Biden signed a 2021 executive order encouraging the FCC to reinstate them, which the FCC voted to do along party lines in April. 

What does net neutrality mean?

Democrats want greater oversight of internet service providers while Republicans reject the idea that they should be regulated like phone companies.

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The appeals court’s decision is an early win for the incoming Trump administration which has vowed to roll back Biden regulations.

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Brendan Carr, tapped as the new FCC chair by Trump, has been a key critic of net neutrality. 

“While the work to unwind the Biden Admin’s regulatory overreach will continue, this is a good win,” Carr said Thursday on X.

Former FCC Chairwoman Jessica Rosenworcel had called net neutrality “a necessity for daily life.” She said Thursday that Americans still want “fast, open, and fair” internet service and called on Congress to take action.

The decision does not affect state laws in California, Colorado and Washington.

What are the neutrality pros and cons?

Neutrality refers to the idea that internet service providers should treat all content flowing through their systems equally. The term was coined in 2003 by Columbia University law professor Tim Wu.

Net neutrality rules are opposed by telecommunications giants like AT&T, Comcast and Verizon.

Internet service providers praised Thursday’s ruling. “Our fight to stop the government’s unwarranted internet takeover has resulted in a major victory,” Grant Spellmeyer, CEO of the cable trade group ACA Connects, said Thursday. 

Consumer advocacy groups are major backers of net neutrality, arguing the rules are needed to keep internet service providers from abusing their power. These advocates warned Thursday that consumers could be subject to higher fees or slowed or blocked services.

“Today’s decision will let the incoming Trump FCC abdicate its responsibility to protect internet users against unscrupulous business practices,” Free Press Vice President of Policy and General Counsel Matt Wood said in a statement.