Given that the USTelecom v. FCC appellate challenge of the FCC’s Open Internet Order is so important to net neutrality, the FCC’s authority over the Internet, and broadband providers’ future, and given that Judge Tatel’s thinking is so important to the outcome of this case, wouldn’t it be important to better understand Judge Tatel’s personal reasoned public explanation of how courts adjudicate cases just like USTelecom v. FCC?
The central overriding question in the USTelecom v. FCC case challenging the FCC’s Open Internet Order may be: did the FCC read Judge Tatel right in that he de facto guided the FCC to pursue Title II to create the most solid legal foundation for net neutrality? That has been the public legal mantra of the FCC and the net neutrality movement for well over a year.
If President Barack Obama doesn’t like you – his government tends to make your life really, REALLY miserable. Ask Tea Party and conservative groups – when Obama’s Internal Revenue Service (IRS) isn’t harassing them, it is allowing them to endlessly languish unapproved. Ask reporters who report things in ways the President doesn’t like – his government spies on and investigates them. Ask the coal industry – Obama’s administration is unilaterally regulating it out of existence. And on, and on, and…
To try to justify mandating Title II utility regulation of broadband and the blocking of the Comcast-Time Warner acquisition, the Administration and FCC had to gerrymander broadband definitions to reach their political goal that wireless broadband service not be considered an official competitor to wireline broadband service.
The FCC’s just operative Open Internet Order, with its classification of broadband as Title II common carriage and vague Internet conduct standard, sets ISPs up for FCC “gotcha” or contrived regulation and enforcement.
The appellate process will only get tougher for the FCC’s Title II Open Internet Order from here, which means both legal and electoral uncertainty over the permanence of the FCC’s net neutrality authority will only grow as the appellate process plays out and the 2016 Presidential election approaches.
In today’s edition of The Heartland Daily Podcast, Director of Communications Jim Lakely speaks with Seton Motley, President of Less Government. Motley and Lakely talk about the pending lawsuit between Disney and Verizon.
Based on the latest best arguments this week from both the FCC and broadband petitioners, the D.C. Circuit Court of Appeals is very likely to partially stay the FCC Open Internet Order’s reclassification of broadband as a Title II service and imposition of a new Internet conduct standard — in the coming weeks.
With this track record of uber-failure – which has put us on the fast track to oblivion – why would we want even more government? When everything Big Government advocates say they need – results in less of what they say they want?
Here in the United States, Net Neutrality exponentially increases the government’s ability to tax the Internet. Starting with the 17.4% Universal Service Fund (USF) tax. Which goes up automatically every calendar quarter. And goes up each and every time three unelected Federal Communications Commission (FCC) bureaucrats decide they want more of our coin. Which they just did in December –with a 17.1% rate increase.
The collateral damage is beginning to pile up from the FCC’s February decision to trigger Title II telephone utility regulation of the Internet. Long called the “nuclear” option, the FCC preemptively triggered Title II Internet regulation ostensibly to prevent potential new net neutrality problems, which the FCC admits it can’t yet identify.
In this episode of The Heartland Daily Podcast, Budget & Tax News managing editor Jesse Hathaway is joined by former Deputy United States Coordinator for Communications and Information Policy Scott Cleland.
The FCC’s Open Internet Order, which reclassified the commercial Internet as a Title II utility, is very likely (80%) in the end, to be overturned in court – for a third time.
The FCC’s legal theory and many core assumptions are so aggressive, it’s clear that the FCC expects, and needs, continual and maximal deference from the court to prevail. The FCC also requires the courts to view the FCC’s most aggressive assertion of unbounded authority ever, as a mere administrative interpretation of ambiguous law, and not a political bypass of Congress and the 1996 Telecom Act.
It is human nature to take for granted the status quo. It is dangerous to think government attempts to “improve” the status quo will do anything of the sort. The Internet is not broken. There is no problem for the FCC to fix.
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?
As we’ve often discussed, the Tech World Media is just as hopelessly Leftist and lost as the broader Jurassic Press. They so often get it so very wrong – often because their absurd political perspective warps their alleged “reporting.”
I was gratified by the excellent attendance at the Free State Foundation’s program last Friday titled, “Thinking the Unthinkable: Imposing the ‘Utility Model’ on Internet Providers.” If you weren’t there, you missed what was a very important event – one that, in light of the substantive discussions that occurred, likely will play an important role going forward in the debate over the Federal Communications Commission’s consideration of the imposition of new net neutrality mandates.