Posted on 02/26/2015 3:43:07 PM PST by NewHampshireDuo
Today the FCC voted three to two to reclassify broadband Internet access as a common carrier service under Title II of the Communications Act, and forbear from the parts of the Act that arent necessary for net neutrality rules. This reclassification gives the FCC the authority to enact (and enforce) narrow, clear rules which will help keep the Internet the open platform it is today.
As expected, the FCCs new rules forbid ISPs from charging Internet users for special treatment on their networks. It will also reach interconnection between ISPs and transit providers or edge services, allowing the FCC to ensure that ISPs dont abuse their gatekeeper authority to favor some services over others.
Thats great for making sure websites and services can reach ISP customers, but what about making sure customers can choose for themselves how to use their Internet connections without interference from their ISPs? To accomplish this, the FCC has banned ISPs from blocking or throttling their customers traffic based on content, applications or serviceswhich means users, hackers, tinkerers, artists, and knowledge seekers can continue to innovate and experiment on the Internet, using any app or service they please, without having to get their ISPs permission first.
Even better, the rules will apply to wireless and wired broadband in the same way, so you dont have to worry that your phone switching from Wi-Fi to a 4G network will suddenly cause apps not to work or websites to become inaccessible. Lots of people use mobile devices as their primary way of accessing the Internet, so applying net neutrality rules to both equally will help make sure there is one Internet for all.
So congratulations, Team Internet. We put the FCC on the right path at last. Reclassification under Title II was a necessary step in order to give the FCC the authority it needed to enact net neutrality rules. But now we face the really hard part: making sure the FCC doesnt abuse its authority.
For example, the new rules include a general conduct rule that will let the FCC take action against ISP practices that dont count as blocking, throttling, or paid prioritization. As we said last week and last year, vague rules are a problem. The FCC wants to be, in Chairman Wheelers words, a referee on the field who can stop any ISP action that it thinks hurts consumers, competition, or innovation. The problem with a rule this vague is that neither ISPs nor Internet users can know in advance what kinds of practices will run afoul of the rule. Only companies with significant legal staff and expertise may be able to use the rule effectively. And a vague rule gives the FCC an awful lot of discretion, potentially giving an unfair advantage to parties with insider influence. That means our work is not yet done. We must stay vigilant, and call out FCC overreach.
The actual order is over 300 pages long, and its not widely available yet. Details matter. Watch this space for further analysis when the FCC releases the final order.
Making internet a utility places it under their control. They will be able to claim that the critical information needs of this or that "community" is not being served "properly", that this or that website is "biased", that an ISP must provide "balance" in the websites made available over their network. etc. We know their intentions.
Since when does an agency define their jurisdiction rather than have it given them by Congress?
It doesn’t matter if what the FCC did was a good thing or not. What matters is if this stands, they have now been given authority to regulate the internet, which they did not have before today’s action. This leaves the door open for future regulations. This should be challenged on the grounds that they have no authority to oversee the internet. Period.
But now we face the really hard part: making sure the FCC doesnt abuse its authority.
The FCC doesn’t have this authority. It’s not theirs to abuse.
As long as you're dreaming, fellas, would you like a pony?
Note that the Founding States made the first numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected government bureaucrats like those running the FCC. So Congress has a constitutional monopoly on federal legislative (regulatory) powers whether it wants it or not.
So whats going on with these new third-party regulations by the FCC is this. The elected members of the corrupt, RINO-controlled Congress are unconstitutionally hiding behind the non-elected members of the FCC with regards to this unpopular federal policy.
Freaking idiots. It's like giving a grizzly bear a stack of steaks and telling him he only should eat one bite. Who's dumber...the grizzly bear or the idiot who believes he'll stop at one bite?
![]() |
The FCC Would Never Abuse It's Authority |
Since when does an agency define their jurisdiction rather than have it given them by Congress?
Silly Stoltz, Net Nutrality is about curtailing free speech and curtailing private property rights.
Or as PJ O’Rourke says, it is like giving whiskey and car keys to teenage boys.
The Electronic Freedom Foundation outs itself as the Electronic Socialism Foundation.
By all means, let’s hand over massive power to the government to fix something that isn’t broken. What can possibly go wrong?
Fed courts here it comes!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.