Will this FCC legal team learn from the legal mistakes of their predecessors and ensure the FCC has a thorough and a sufficient legal record to justify their legal theories, given that the FCC already has failed twice in crafting legal net neutrality regulations in Comcast v. FCC in 2010 and again in Verizon v. FCC in 2014?
Author: Scott Cleland
Twice the FCC has tried to mandate new net neutrality regulations on its own and twice the U.S. Court of Appeals has overturned the FCC rules as illegitimate because they were not grounded in statute.
The European Parliament reportedly is scheduled to vote this week on a political non-binding resolution urging the European Commission to “enforce EU competition rules decisively” against search engines, i.e. Google.
If Congress or the media seek incisive oversight/accountability questions to ask the FCC about the real world implications and unintended consequences of its Title II net neutrality plans, here are ten that fit the bill.
GoogleNet is Google’s vision to leverage its proliferating dominance by offering global, near-free Internet-access, mobile connectivity, and Internet-of-Things connectivity via a global, largely-wireless, Android-based, “GoogleNet,” that is subsidized by Google’s search and search advertising dominance and by “open Internet” zero pricing of downstream Internet traffic.
Net neutrality is a solution in search of a problem. Over the last decade, the FCC has alleged only a few potential net neutrality problems, and in each of these few cases, the FCC was able to satisfactorily resolve them without Title II authority.
The FCC is considering administratively bypassing Congress and unilaterally reversing longstanding U.S. Internet policy in law with an administrative maneuver that could have sweeping and unintended negative consequences for U.S. trade and foreign policy.
Google’s latest misdirection ploy is to focus the media and the new EC on its new “peak” PR narrative that its search and Android dominance is at a “peak” — with the implication that Google’s market position is fleeting and will only go down from here because fast-changing innovation and competition will naturally supplant it.
Currently the FCC is considering reversing the legal status of American Internet services from lightly-regulated information services to utility-regulated “telecommunications” services in response to a 2014 appeals court decision that limited a portion of the FCC’s net neutrality regulatory authority.
Silicon Valley’s net neutrality tunnel vision in America blinds it to the disastrous international policy repercussions of promoting a protectionist industrial policy for Silicon Valley at the FCC, exactly when most other nations are looking for any pretext to justify imposing their own protectionist policies in response to Edward Snowden’s revelations of NSA spying.
Rep. Henry Waxman, Ranking Member of the House Energy and Commerce Committee,wrote the FCC to propose that the FCC, in its pending Open Internet order remand, “reclassif[y] broadband providers as telecommunications services and then using the modern [Title I] authority of section 706 to set bright-line rules to prevent blocking, throttling, and paid prioritization.”
The FCC’s invitation has prompted a “rainbow of policy and legal proposals” that would explore “new ideas for protecting and promoting the open Internet” by imposing Title II telecommunications regulation on America’s Internet infrastructure.
The FTC implicitly laid down an important jurisdictional, political, and public marker against FCC reclassification of broadband as a utility, in its recent FCC filing in the FCC’s Section 706 inquiry proceeding.
Is the Internet consumer in charge or the product sold to others? Is net neutrality about protecting consumers or Silicon Valley?
We’ll learn the answers to these critical questions in the coming months when the FCC votes on a redo of its “Open Internet” order implementing net neutrality.
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
1. The Supreme Court has already indicated it would be unconstitutional.
2. It would be anti-competitive, the opposite of the FCC’s statutory purpose and legal mandate.
Pro-regulation interests often resort to highly misleading arguments to advance their cause. Fortunately that kind of deception ultimately exposes the weakness of their underlying argument and public policy position.
The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.