A federal appeals court today upheld the Federal Communications Commission's repeal of net neutrality rules but said the FCC cannot preempt all state net neutrality laws.
"We uphold the 2018 Order, with two exceptions," the judges' ruling said. "First, the Court concludes that the Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the Commission 'repealed or decided to refrain from imposing' in the Order or that is 'more stringent' than the Order." The FCC "ignored binding precedent" when making its preemption order, and "that failure is fatal" to the preemption, judges wrote.
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