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.
Tagged: Title II
When a Tech Media story crosses over to the broader Jurassic Press – their ridiculous Leftist repetitiveness is truly comical. And highly disquieting. On Friday, President Barack Obama’s huge Internet Network Neutrality power grab officially went into effect. A crossover story – with predictable, pathetic Press results.
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.
The FCC’s latest legal brief opposing a stay of its Open Internet Order, hurt its legal case more than it helped. The FCC brief unwittingly: exposed a glaring internal inconsistency with the FCC’s Open Internet Order; spotlighted its arbitrary and capricious decision-making; and exposed a big mistake in its legal strategy.
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.
In the coming weeks, expect the D.C. Court of Appeals or the Supreme Court to grant a partialstay, of only the FCC’s Title II reclassification of broadband and its new “Internet conduct standard” (not the FCC’s net neutrality prohibitions of blocking, throttling or paid prioritization), even though stay requests normally have a low probability of success, because petitioners must convince the court that they are likely to win on the merits and that the opposed action will cause irreparable harm.
Think of the FCC, unilaterally self-armed with the “strongest possible rules” of Title II 1934 monopoly telephone regulation, as a Washington backwater “kangaroo court,” where innocent communicators can be hauled before a mock court system where normal due process, rule of law, and justice may not apply.
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.
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
The Barack Obama Administration’s Thursday Internet uber-power grab is awful for just about every American. It will lead to dramatically more expensive Web access – because of both raised service costs and huge new taxes.
Jim Lakely, communications director at The Heartland Institute and co-director of Heartland’s Center on the Digital Economy, talked with one of the best free-market tech experts in Washington: Less Government President Seton Motley, who also happens to be a policy advisor to Heartland.
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.
The Internet isn’t broken, and doesn’t need the government to fix it. That was my overriding message in a debate on Chicago’s PBS station WTTW Tuesday night with Illinois ACLU Executive Director Colleen K. Connell.
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.
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.