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.
Tagged: Title II
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.
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.
In Scott Cleland’s recent piece titled, “Silicon Valley’s Biggest Internet Mistake,” he makes an important, too little addressed point: Were the FCC to classify Internet service as a “telecommunications” service under Title II of the Communications Act, this drastic step likely would have significant adverse international ramifications.
Conservatives and Libertarians inherently have little faith or trust in government. We know the institution is inherently flawed – and self-serving. Government violates the Wallet Rule. Which is: You go out on a Friday night with your wallet. You go out the following Friday night with my wallet. On which night are you going to have more fun?
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 FCC has asserted a foundational regulatory premise that warrants rebuttal and disproving, given that the FCC is considering if Internet access, and Internet backbone peering, should be regulated like a utility under Title II telephone common carrier regulation.