Well, to be frank, I had never considered my contention that the public interest standard is unconstitutional to mean that the FCC itself is unlawful. To my mind, I simply had suggested that the lawfulness of actions taken pursuant to the public interest standard should be questioned.
On September 25, the Mercatus Center, a research and outreach organization that promotes market-oriented solutions from George Mason University, did a presentation on net neutrality. The speaker, research fellow in the technology policy program Brent Skorup, gave a wide overview of the net neutrality subject. Skorup discussed, among other things, how the Internet works, the working definition of net neutrality, exceptions to the rule, and the options the FCC is exploring.
Nothing has changed my mind that it would be “unthinkable” for the FCC to classify Internet service providers as common carriers under Title II of the Communications Act, the part of the 1934 communications law derived directly from the Interstate Commerce Act of 1887. The purpose of the Interstate Commerce Act was to constrain what was then seen as the monopolistic power of the railroads. The railroads were deregulated in the 1980s – long before the emergence today’s broadband Internet providers.
The Left consists of two groups of people running on two parallel yet very different paths to Oblivion.
The Left’s leadership knows their Huge Government ideas are absurd and don’t work – but they’ll be in charge after the collapse they induce so they’re fine with it.
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…”
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.
As regular readers know, it has been my firm position that, after the DC Circuit’s Verizon decision, absent convincing evidence of market failure and demonstrable consumer harm, the FCC should not try to reinstate the net neutrality regulations the DC Circuit tossed out. Nevertheless, when Chairman Wheeler announced his intent to move forward with yet another net neutrality rulemaking, this time one based on a “commercial reasonableness” standard for assessing Internet providers’ practices, I said in a statement that “there appear to be elements in his proposal that may mitigate the otherwise potential harmful effects of unnecessary government intervention.”
The Barack Obama Administration is back at it — yet another big government power grab is in the works. The Administration’s Federal Communications Commission (FCC) again resurrecting Network Neutrality — an all-encompassing Internet usurpation twice unanimously killed by court as an illegal overreach.
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