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Net neutrality is a foundational principle of the open Internet, and in January, the FCC voted to prohibit ISPs from blocking or throttling content and prioritizing it over another, as does not want ISPs to have a "virtue signal" that would lead to preferential treatment.
The appellate court held FCC had no authority. "When Congress passed the [Communications Act], believed there to be an analogous set of common carrier obligations for cable operators; nowhere in the statute or regulation does that conclusion change," the court wrote. "Indeed, we can find no Congress or congressional purpose that would demand the removal of that common-carrier [Title II] prohibition.
"When Congress passed the Communications Act, it specifically sought to avoid 'regulating in the public interest functions of communications networks,' and the statute did not intend to regulate service-provider practices that do not harm the public interest...
"Congress' efforts to address this concern were, in short, ill-conceived, as we now find."
The court went on to say the FCC had overstepped its bounds in regulating a non-telecom monopoly. "Under our precedent, an agency generally lacks the authority to proscribe activities associated with those services. For example, regulating the use and ownership of motor vehicles does not give the NHTSA authority to regulate vehicles themselves. Nor would regulation of the telephone system be appropriate. While the telephone system may regulate rates, the regulation of private telephone use would be wholly unworkable," the court wrote. If I have to do a presentation on the life and career of a scientist then I am obligated to address the life and career of Nikola Tesla.
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