Nonprofit The Benton Foundation appealed the Federal Communications Commission's recent order to repeal previous net neutrality rules.
In a petition filed for review in the U.S. Court of Appeals for the District of Columbia Circuit, the Benton Foundation argued that the FCC ruling to repeal net neutrality rules put in place under the Obama administration violates the Communications Act and other statutes.
The nonprofit operating foundation focused on communications policy cautioned that the repeal will allow large telecommunications companies to create "fast lanes" and other discriminatory practices that could "stifle innovation and diminish the Internet as a platform for free expression."
According to the published order, the new regulatory regime will generally become effective April 23. The order reclassifies broadband as a Title I service under the Communications Act, versus the Title II classification that was adopted in 2015 under the prior Democratic administration.
The distinction between a Title I and Title II classification impacts how much authority the FCC has to regulate broadband services. The agency has much broader oversight powers for Title II services — including the ability to impose tariffs, set rate regulations and impose net neutrality rules — than Title I services.
Supporters of the repeal of the previous net neutrality rules argue the move will eliminate unnecessary regulatory burdens and encourage greater investment in deployment of broadband services.
