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.
The Daily Record reports that the Maryland Public Service Commission ruled that Uber is a common carrier subject to its regulatory jurisdiction. The PSC stated: “[W]hen viewed in their totality, the undisputed facts and circumstances in this case make it clear that Uber is engaged in the public transportation of persons for hire. Thus, Uber is a common carrier and a public service company over whom the Commission has jurisdiction…”
The myriad executive branch Departments, Agencies, Commissions and Boards have been in omni-directional fashion vastly exceeding their authority – doing things that are clearly the Constitutional purview of (amongst other others) the legislative and judicial branches.
I am grateful that Senator John Thune, Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and FCC Commissioner Ajit Pai spoke at the Free State Foundation’s June 25 seminar, “Reforming Communications[…]
The 2009 “Stimulus” bill contained $7.2 billion for local government broadband — the federal government giving city, county and municipal governments money to get into the Internet Service Provider (ISP) business. Shocker: government broadband is a[…]
Dear Executives of Internet Association Companies, Have you thought through the global implications of your businesses’ public lobbying for regulating broadband like a public telephone utility? Possibly you are unaware[…]
Net neutrality activists succeeded last week in getting the FCC to officially consider ruling that private broadband companies should be price and profit regulated like public utilities in order to[…]
Watching the FCC attempt to construct net neutrality regulations to lord over the Internet is a bit like watching a child build a sand castle and declare himself king of the beach. Neither has really created a kingdom, but at least the latter is cute.
I confess that I am more than a bit mystified at the way FCC Chairman Tom Wheeler and his Democrat colleagues, seemingly, are moving ever closer in the direction of embracing a Title II reclassification of Internet access services. No matter how loud the banging of pots and pans outside the FCC’s headquarters, it would be terribly unsound as a matter of policy to subject Internet services to the same Title II public utility regulatory regime that applied to last century’s POTS (“plain old telephone”) service.
The FCC seems bent on overreaching their legal authority – yet again.
At the NCTA convention, Chairman Wheeler said: “I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband.” And in an FCC blog post, Chairman Wheeler also said this preemption of states on muni-broadband “is an issue that remains high on my agenda, and we will be announcing more on this topic shortly.”
The net neutrality movement is positioning to influence the FCC, Congress, and candidates in the mid-term election cycle, to support their version of net neutrality — i.e. FCC reclassification of broadband Internet service as a telephone common carrier service.
Aside from whether you think the proposed Comcast – Time Warner Cable merger ultimately should be approved or not, it’s hard to suggest that Comcast’s announcement that it will divest 3.9 million subscribers does not advance the company’s pro-merger case by alleviating claimed competitive concerns. Without getting into the complexities of the proposed three-party subscriber divestiture transactions involving Comcast, TWC, and Charter Communications, the end result is that, as Comcast promised when the merger was announced in February, Comcast’s total number of subscribers, post-merger, will be less than 30% of the total number of U. S. cable subscribers.
They’re all actively preparing to enter the over-the-top online video business with their own streaming service or proprietary online programming to compete with Netflix, Hulu, and facilities-based pay-TV providers like Comcast, Time Warner Cable, DirecTV, Dish, AT&T, Verizon, and others.