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

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed thousands of instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

Show More