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"This is an important victory for consumers. As the Supreme

June 14, 2019 by Elizabeth Duran

"This is an important victory for consumers. As the Supreme Court noted, the FCC is not a 'neutrality' agency; the court's decision should not have limited agency power to decide where broadband providers can and cannot offer online services and services that are not provided under Title II of the Communications Act," the groups said. "Today's decision will help consumers and broadband providers better understand the legal basis for the agency's power to regulate broadband providers to protect the marketplace from overreach in the Internet."

The group also added that the FCC has the authority to regulate ISPs based on a variety of data protection guidelines that the Justice Department and Department of Justice have put forth. The Justice Department's guidance includes language that "allows the government to regulate Internet service providers with regard to their customer experience, performance, or ability to meet their regulatory obligations under the Internet's public-private partnership (PPP) model." The DOJ and Justice Department also said in their brief that net neutrality allows ISPs like Netflix to block services from being offered through certain types of services.

The government has also stated that ISPs cannot block consumers from accessing content such as sports, music, video games and even home movies, because the FCC did not regulate those services.

FCC Chairman Ajit Pai says his plan is to repeal and replace net neutrality rules, making it easier and more common for ISPs to offer online services. Photo: AP Photo/Mark Humphrey

"When the FCC made its decision to regulate broadband, the court concluded that the Federal Communications Commission's decision to repeal those rules did not constitute a 'consistent measure of net neutrality,' and that the agency is still committed to addressing the problem," said EFF attorney Eric Zuesse. "Today's decision provides the FCC with a new opportunity to take on the 'properly conducted' of net neutrality before this 'constructed' court's ruling is decided."

FCC Commissioner Jessica Rosenworcel said in a statement Friday that the decision "will further the fight for net neutrality and will create more opportunities for Internet providers and the American people to access their content without fear of being blocked or harmed by the FCC's decision."