The U.S. Court of Appeals for the District of Columbia issued a ruling affirming the Federal Communication Commission’s (FCC) decision repealing the Obama-era net neutrality rules.
However, the Court also ruled that the FCC cannot stop California and other states from implementing their own net neutrality laws.
“We vacate the portion of the 2018 Order that expressly preempts ‘any state or local requirements that are inconsistent with [its] deregulatory approach.’ The Commission ignored binding precedent by failing to ground its sweeping Preemption Directive—which goes far beyond conflict preemption—in a lawful source of statutory authority. That failure is fatal,” according to the Court’s ruling on Tuesday.
Additionally, the Court stated that the FCC must review its 2018 Order and noted that it “failed to examine the implications of its decisions for public safety.” Therefore, it must address the issue and examine its impact on
It also ordered the regulator to address issues related to public safety, utility pole attachments, and impacts on a government subsidy program for low income consumers.