Posted on 12/22/2010 4:57:28 AM PST by Kaslin
Following the Federal Communications Commission’s party-line adoption of a new internet regulatory scheme, conservatives are already plotting to challenge and oppose implementation of the new policy at every turn. Critics say the still-unpublished “net neutrality” regulations mark an unprecedented federal intrusion into the realm of internet operation. They’re condemning the three Democratic commissioners who supported the measure for imposing a draconian solution to a non-existent problem. In the aftermath of Tuesday’s 3-2 FCC vote, Republican members of the House and Senate are preparing to file bills to thwart the new FCC rules, and conservative activists are gearing up for a major fight.
“On January 5, I will re-file a bill to prohibit the FCC from implementing these rules and regulations,” said Rep. Marsha Blackburn (R-Tenn). “We, as members of Congress should control [the process of internet regulation] if we decide it’s necessary. There is strong bipartisan agreement on that point.” Blackburn said she expects a Senate companion bill, authored by Sen. John McCain (R-Ariz.), to address the issue in the upper chamber. “I look at this as the Fairness Doctrine of the internet,” she warned, “the FCC would be in a position to make determinations of online priorities and value. We will vigorously oppose [today’s FCC vote] because it’s a hysterical reaction to a hypothetical problem.”
Blackburn said swiftly cutting the FCC’s recent maneuver off at the knees would send an important message to the agency that internet regulation is beyond its jurisdiction. “They’ve done this during the week of Christmas, when they think people aren’t watching. We are watching, and we don’t want to give them even a toehold on internet regulation because once they have one, they’ll look to expand it,” she said. Blackburn pointed to internet taxation and content micromanagement as potential future FCC abuses if Tuesday’s move is permitted to stand.
Phil Kerpen, Vice President for Policy at Americans for Prosperity, said conservatives must combat the new regulations both on substantive and procedural grounds. “Conservatives should care about this because the internet has been unregulated for ten years, and has been wildly successful during that time. Now, Democrats are looking to regulate it for the first time ever. On its face, it’s a huge increase in the reach and strength of the federal government’s regulatory power,” he said.
“From a process standpoint, the FCC’s action represents an agency ignoring the clear intent of Congress, the people’s elected branch, as well as a recent court ruling,” Kerpen said. More than 300 members of Congress from both parties contacted the FCC in the spring, demanding they defer to Capitol Hill on rules governing the internet, and the DC Circuit Court of Appeals dealt the FCC’s online regulatory ambitions a severe rebuke in April. The American people had their say on the matter, too: All 95 Congressional candidates who ran on an explicitly pro-net neutrality platform in 2010 lost.
Despite clear opposition from two branches of the federal government and the American people, the FCC has forged ahead with its aggressive regulations. Beyond the introduction of legislation authored by Blackburn and McCain, some conservatives are suggesting additional responses to Tuesday’s action. “The best, cleanest response is for Congress to use a process called the Congressional Review Act (CRA), which can overturn any federal agency rulemaking,” Kerpen said. “It’s important to use this mechanism because it’s protected against the filibuster.”
Such a move would likely fly through the Republican-controlled House next year, but might stall in the Senate. Even there, Kerpen argued, the CRA offers a viable solution: “It only requires 30 Senators to sign a petition to introduce it. Once it’s introduced, the petition forces ten hours of debate, followed by an up-or-down vote that cannot be filibustered,” Kerpen explained. Thirty Republicans Senators have already signed a letter to this effect, as has pro-net neutrality Sen. Olympia Snowe (R-ME), who objects to FCC interference. “It’s important to force this vote, whether it succeeds or not. We must demand that Senators make difficult, on the record decisions about these issues,” Kerpen said. Sen. Kay Bailey Hutchison (R-Tex) delivered a floor speech late Tuesday, alerting Democrats that Senate Republicans already have 30 members ready to sign such a petition, and vowing to compel a floor vote next session.
The subtext to this brewing fight is the question of how far Congress will allow the executive branch to implement its agenda through increased regulation and rulemaking, bypassing the legislative process. This approach was advocated in a 54-page report published by the liberal Center for American Progress in November. “Pushing back against the FCC will set the tone for the next two years about how aggressive the Obama administration can be in pursing regulatory regimes. This fight is the first opportunity for Congress to show whether it has the will to stand up to these executive branch power grabs,” Kerpen said.
Blackburn agreed, calling the effort to block the new FCC regulations “one of the opening battles with the administration over regulation.” She said Congressional Republicans won’t be complacent. “We’re not going to sit by and just let them do this,” she promised. Blackburn also cited the House GOP’s “Pledge to America,” introduced during the fall campaign, which called for Congressional approval “of any new federal regulation that has an annual cost to our economy of $100 million or more.”
Both Blackburn and Kerpen also mentioned the appropriations process as a safety net solution to impeding a regulatory onslaught, if legislative fixes fall short. “If the Congressional Review Act fails, we can look to appropriations to starve any funding for enforcement,” Kerpen said.
Cut all funding for the FCC, immediately upon taking control of Congress on 5 January.
Follow that up by opening an investigative panel looking into all of the UnAmerican Activities of the obama Regime.
“...conservatives are already plotting...”
Bull. It is the FCC which is doing the “plotting.”
It isn’t conservatives who schemed how to defy an act of Congress and a court decision.
This may answer a few questions and fill in some background on the groups who brought this action and their methods.
The Net Neutrality Coup
The campaign to regulate the Internet was funded by a who’s who of left-liberal foundations.
John Fund
You know, I’m all in favor of what net neutrality claims to be. The internet was designed to be, has been, and always should be, content neutral. The networks should route packets independent of their content.
That said, I have real doubts about whether that’s what we’ll get, if the government takes over.
FRiend, it's not necessary to go that far. Blackburn's bill precluding implementation is enough.
I know it's almost never in the media, but as an RF (wireless) engineer, I can tell you that the FCC has several useful functions. They oversee (and in some cases, perform) testing of wireless devices to make sure the conform to good engineering standards to prevent unnecessary interference. I have personally experienced situations where foreign companies were trying to get their junk equipment through FCC testing, and were trying to convince the test house to use different procedures to allow their equipment to squeak by, even though it would fail an honest test. When the FCC gets wind of test fraud like that, that junk doesn't come in this country.
Y'all know I am a limited government person, but "weights and measures" is in the Constitution, and the FCC falls in that category.
FRiend, it's not necessary to go that far. Blackburn's bill precluding implementation is enough.
I know it's almost never in the media, but as an RF (wireless) engineer, I can tell you that the FCC has several useful functions. They oversee (and in some cases, perform) testing of wireless devices to make sure the conform to good engineering standards to prevent unnecessary interference. I have personally experienced situations where foreign companies were trying to get their junk equipment through FCC testing, and were trying to convince the test house to use different procedures to allow their equipment to squeak by, even though it would fail an honest test. When the FCC gets wind of test fraud like that, that junk doesn't come in this country.
Y'all know I am a limited government person, but "weights and measures" is in the Constitution, and the FCC falls in that category.
This one should go to court immediately. According to today’s WSJ, a Federal court has already told the FCC that Congress has not given them the authority to do this.
FRiend, it's not necessary to go that far. Blackburn's bill precluding implementation is enough.
I know it's almost never in the media, but as an RF (wireless) engineer, I can tell you that the FCC has several useful functions. They oversee (and in some cases, perform) testing of wireless devices to make sure the conform to good engineering standards to prevent unnecessary interference.
I have personally experienced situations where foreign companies were trying to get their junk equipment through FCC testing, and were trying to convince the test house to use different procedures to allow their equipment to squeak by, even though it would fail an honest test. When the FCC gets wind of test fraud like that, that junk doesn't come in this country.
Y'all know I am a limited government person, but "weights and measures" is in the Constitution, and the FCC falls in that category.
This FCC is making up laws and regulations when a court ruled against it.
The democrats couldn't pass net neutrality in Congress so some unelected government bureaucrats plan to censor the Internet.
You marxists/democrats always claim some necessary reason for taking more power and ruining good things like the Internet.
It's always for some noble or necessary reason ,or for the children or for the common good to make things work better. If you think government can make things work better you need your head examined or you are a democrat.
And you claim expertise like the marxists always do.”Listen to me you little people I know what's good for you as I'm and “expert” from the government or a scientist like the global warming scientists etc.”
And you post so many posts already on this thread. You fool no one . YOu change no minds.
How can all the posts promoting a monstrosity as this FCC is be allowed on a conservative forum that is for freedom?
This FCC is making up laws and regulations when a court ruled against it.
The democrats couldn't pass net neutrality in Congress so some unelected government bureaucrats plan to censor the Internet.
You marxists/democrats always claim some necessary reason for taking more power and ruining good things like the Internet.
It's always for some noble or necessary reason ,or for the children or for the common good to make things work better. If you think government can make things work better you need your head examined or you are a democrat.
And you claim expertise like the marxists always do.”Listen to me you little people I know what's good for you as I'm and “expert” from the government or a scientist like the global warming scientists etc.”
And you post so many posts already on this thread. You fool no one . YOu change no minds.
How can all the posts promoting a monstrosity as this FCC is be allowed on a conservative forum that is for freedom?
Your post is a bunch of crazy. How would wireless communication work without the government regulating frequencies? I could see state and local governments regulating it, but it seems to me this falls under the “interstate commerce” clause nicely.
Dude! LOL
The FCC actually serves a good number of functions that enable the marketplace to function well and fair “In the context of technical standards” in which everyone adheres to.
Where they have gone off the reservation is with this version of Net Neutrality, which anything but.
They have no business managing or deciding content priorities and yes a the courts have made it clear.
The decision of managing content and priorities is a marketplace perjorgative and the providers of Internets Superhighways, the top level, cannot be allowed to control all the other Planes, trains, automobiles and various Internet highways to the point of choking or limiting traffic as they see fit.
All traffic must be treated the same or content and voices will be suppressed through whims of the 5 top tier providers who decide on rules of egress and ingress across their networks.
I think they do this in collusion but the only proof I have is the similarity in the rules the employ, which are just to similar to have not been thought out in some group think.
Their goal is dominate the traffic and other providers.
That would severely limit new innovations and stifle competition, just as it was when there was only One Ma Bell.
The ways to carry this through to equitable resolution are through the courts, again, specific legislation and holding the line on the FCC budget or curtailing it just enough to limit their “new expansion” of authority, which does not exist.
There may even be a way to legislatively and specifically deny their funding for such authority to spend monies on this.
Just gotta stay on em.
Fascist Bastuhds.
btt
Giving the FCC control over the internet is bad.
The free market will use the best equipment and routes to make money.
Any one can start an ISP and carry what the deem right and profitable.
The duties regarding device compliance with EM spectrum frequency and power compliance drift, bandwidth and secondary emissions for emitters should be under the National Bureau of Standards (old school name), the National Institute of Standards and Technology (metastisizing new age statist bureaucracy name).
The duties regarding spectrum allocation should be under the auspices of an ad-hoc industry-government-public conference every so many years.
Defund the FCC, shut it down!
I fully understand your emotion, it is mine too. I despise these cancerous bureaucracies and the establishment that fawns over them.
The FCC is NOT something we need. Frequencies can be allocated by a convention of interested and knowledgeable parties or some such ad-hoc device that does NOT establish a long-term bureaucracy which as human experience shows — reach a point where they become a cancer.
Certifying compliance with emission standards within the framework of uses established for each bandwidth can be done by a private organization chartered by Congress for that propose, or a national bureau of standards.
HAHA! RF engineers all over FR are laughing right now!
And since I agreed with Rep. Blackburn about the proper way to handle net neutrality, is she a liar, too?
This is tyranny, unelected tyranny by this unelected monstrosity, the FCC. This is against freedom and government running things(socialism) never works.
I never said different. I merely took issue with your suggestion that we "defund" the whole FCC. My point was 1) defunding the whole Commission is overkill, because 2) the FCC actually has a Constitutional function, namely regulating wireless standards.
This FCC is making up laws and regulations when a court ruled against it.
Again, I agreed with that, and said that Rep. Blackburn's bill would solve it.
You marxists/democrats always claim some necessary reason for taking more power and ruining good things like the Internet.
You're a troll, but I will be charitable. However, you must understand: them's fightin' words, sir. I take a back seat to NOBODY in standing for freedom. I stand for God & country, campaign for freedom-loving candidates, and proselytize our 2nd Amendment rights. Read my posts, pal. I am no more a democrat or marxist than Reagan or Palin are.
If you think government can make things work better you need your head examined or you are a democrat.
Come on, man. Isn't that a bit much? Government does have proper functions; if you don't believe that, why believe the Constitution? I never said the FCC should do net neutrality.
And you claim expertise like the marxists always do.
Damned right I am an expert in the wireless engineering field. No apologies for that. I've busted my ass for 20 years to learn my trade of electronics and RF engineering. I've worked two different engineering jobs at the same time to develop my expertise.
”Listen to me you little people I know what's good for you as I'm and “expert” from the government or a scientist like the global warming scientists etc.”
Global warming is bullcrap. Physics is a hard science, and electronics engineering is derived directly from that. We need standards, and the FCC is constituted to do that. If they stick to their proper function (standards and measurement NOT net neutrality), the FCC is just fine.
And you post so many posts already on this thread.
I apologize for that, but many FReepers are experiencing trouble with FR today. I am not alone in accidental multiple posts.
You fool no one . YOu change no minds.
No deception is intended, and sometimes the TRUTH does not change minds that are closed.
How can all the posts promoting a monstrosity as this FCC is be allowed on a conservative forum that is for freedom?
Maybe because most of us are aware that the FCC has a proper function, which Obama's appointees are overstepping?
With experience in electronics and communications I can verify that the FCC has very legitimate standardization functions that are being horribly abused for political gain by this marxist regime. The FCC must be rebuked and put back in its place, assisting and not dictating to or constricting the free market.
The internet may be, but unless you are willing to shell out some bucks for a T3 and other network equipment, you are going to have to pay some company to provide you access. Should the company that provides the network infrastructure, billing, etc, not have the right to run its business as it sees fit to its business model? If I ran an ISP, why shouldn't I have the right to, for example, offer premium service to those who need higher bandwidth products, and thus, use a greater portion of my infrastructure? Why also couldn't I restrict what sites are accessed through my network if they pose a risk to my network due to viruses- as several companies have done in regards to blocking sites like 4Chan?
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