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In early July, a federal judge in New York ruled

June 16, 2017 by Carolyn Mueller

In early July, a federal judge in New York ruled that the FCC's rules were unconstitutional. The judge cited an analysis by the Federal Trade Commission that found they were "in breach" of the principles of net neutrality adopted by the agency and an effort to undermine net neutrality protections.

For Pai to lose the appeal, the FCC's rules would have a severe impact on the market for broadband service, according to the groups that sued.

"We're disappointed that the FCC, in its position, has not demonstrated that they are abiding by the principles of net neutrality to allow for the creation of a market based on less regulated information services," said Mike Rogers, chief counsel for the Electronic Frontier Foundation, which is fighting the FCC's repeal efforts.

In a statement, the FCC said, "Our goal is to ensure that consumers are not left behind in the broadband market, and that we do everything we can to ensure that their content is available to them."

The FCC's action comes after a string of public statements that have highlighted the need to roll back the rules and make them more transparent.

The FCC voted in a 2013 decision to review the rules in early 2015 and then passed them again in 2015, after an outcry from consumer advocates. The FCC also passed net neutrality rules in May but has since rescinded them.