A US appeals court rescinded the Federal Communications Commission’s (FCC) controversial net neutrality rules, that would have prevented operators from prioritising traffic carried over their networks.

A three-judge panel for the US appeals court struck down the rules before they went into effect. In April 2024, FCC commissioners voted in favour of restoring the net neutrality rules rescinded in 2017 during the administration of former President Donald Trump.

Those regulations, which were approved by three of the five commissioners, prohibit service providers from blocking or throttling broadband traffic, or creating pay-to-play fast lanes.

“With this decision it is clear that Congress now needs to heed their call, take up the charge for net neutrality, and put open internet principles in federal law,” stated FCC chair Jessica Rosenworcel.

The court stated in its ruling the “FCC lacks the statutory authority to impose” its desired net-neutrality  policies through the telecommunications service provision under Title II of the Communications Act of 1996.

Current US President Joe Biden signed an executive order in 2021 that urged the FCC to restore net neutrality rules.

Operators and industry associations vehemently opposed the reinstatement of net neutrality.

Net neutrality rules were first implemented in 2015 during President Barack Obama’s tenure.