FCC Can't Enforce Net Neutrality, Appeals Court Rules

WASHINGTON — The FCC can't ban Internet service providers from filtering certain types of traffic, the U.S. District Court for the Federal Circuit ruled Tuesday.

The decision strikes down the FCC's attempt to force "net neutrality" on Comcast and other Internet service providers and means ISPs could slow access to certain types of content, such as video, or charge more for heavy bandwidth users.

Complaints that Comcast was interfering with surfers' use of peer-to-peer networking programs spurrred the FCC to order Comcast to change its method of bandwidth management, saying the interference "contravene[d] ... federal policy."

Regulators ordered Comcast to outline the details of its new approach and update the government on its implementation progress. But Comcast appealed the FCCs order claiming, among other things, that the FCC has no jurisdiction over its management practices.

But the Federal Circuit rejected the FCC's "theory of ancillary authority." The FCC has said that it was obliged into the issue under the Communications Act of 1934, the Telecommunications Act of 1996 and congressional policy.

The court vacated the FCC's order, ruling that the regulatory agency "failed to tie its assertion of ancillary authority over Comcast's Internet service to any 'statutorily mandated responsibility.'"

The court's decision Tuesday likely won't be the end of the debate or implementation of public policy over Net Neutrality and could spell the overhaul of broadband policy.

The FCC could appeal Comcast’s win to the full panel of the Federal Circuit or directly to the Supreme Court. It also could reclassify ISPs as a so-called Title II service providers, like phone companies, which would mean greater regulation.

Another option could be that Congress could grant the FCC more power and create Net Neutrality regulation.

View Ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Former IEAU Officer Sentenced to 4 Months

Amanda Gullesserian, who performed in the industry under the name Phyllisha Anne and founded the now-defunct International Entertainment Adult Union (IEAU), has been sentenced to four months’ imprisonment for making a false statement in an IEAU federal financial report.

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Needemand Joins ASACP as Corporate Sponsor

French startup company Needemand has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Carlotta Champagne is LoyalFans' 'Featured Creator' for January

LoyalFans has named Carlotta Champagne as its Featured Creator for January.

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Goddess Lilith Launches 'Adultpreneurs' Networking Site

Goddess Lilith has launched Adultpreneurs, a new community and networking site.

Adult Shoot Location Marketplace 'FckSpace' Launches

FckSpace, a new platform aimed at simplifying location sourcing for adult productions, is now live

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

Show More