Posted on 09/14/2010 2:11:26 PM PDT by Andrea19
If you were as excited as I to hear of the FCC postponing net neutrality decisions, heed Glen O. Robinsons caution for us to rein ourselves in. Robinson, a professor of Law Emeritus at UVA and Commissioner of the FCC from 1974-1976, deciphers their recent decisions in his article The Middle Way to Internet Freedom.
Robinson describes the FCCs preference towards what it calls the third way. Under this way, says Robinson, the FCC will declare that the full array of Title II regulations and requirements applies to broadband, but it will simultaneously invoke its forbearance authority (under Section 10 of the Act) to refrain from enforcing all but a small number of key Title II provisions.
The former FCC Commissioner continues, If this new middle way seems moderate, that appearance is an illusion.
Robinson argues that Even if you believe the FCC should have forbearance authority (as I do), you ought to be nervous about this transparently manipulative use of it to design a new tailor-made form of regulation. He also points out that the FCCs proposed restriction of Internet pricing for enhanced services is simply industrial policy disguised as consumer protection. The article concludes that the FCCs proposal is surely not The Middle Way or the third way, but rather the wrong way...
Read more: http://www.atr.org/former-fcc-commissioner-mit-staff-columnist-a5391#ixzz0zXXIONFS
(Excerpt) Read more at atr.org ...
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