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.
October 25th marked the 247th birthday of one of the greatest voices of liberty, the French political philosopher of freedom, Benjamin Constant. He may not be a household name to friends of freedom today, but he should be. He wrote one of the most principled and consistent defenses of individual liberty and freedom of enterprise to appear in the last two hundred years, the Principles of Politics Applied to All Governments (1815).
Over a scholarly career that has spanned a half a century, Kirzner has enriched our understanding of the theory of the competitive process, the role of the entrepreneur in bringing about market coordination and innovation, the nature of capital and interest, the dangers resulting from the regulated economy, and the importance of individual freedom for the open-ended creativity that enhances the general human condition.
Thirty states, including Ohio, have renewable portfolio mandates. These laws require a certain percentage of electricity to be generated from renewable sources, primarily wind and solar power.
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.
Earlier this year, the Obama administration asked ICANN (Internet Corporation for Assigned Names and Numbers) to create a means of overseeing the Internet after U.S. governance is scheduled to end in another year. The administration decided not to maintain the current U.S. minimum-oversight role.
Back in 1997, then-FCC Chairman Reed Hundt titled a speech, “Thinking About Why Some Communications Mergers Are Unthinkable.” In his address, Mr. Hundt explained why, in his view, it was “unthinkable” to contemplate a merger between AT&T and one of the Bell Operating Companies. A principal reason had to do with what Mr. Hundt claimed would be the “resulting concentration” of “the long distance market.”
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.
For almost eight years, I have been urging, along with other Free State Foundation scholars, an end to the costly so-called “integration ban.”This outdated, costly FCC regulation bans cable operators from integrating the security and programming navigation functions in set-top boxes.
The business of business is business. But that does not mean a business should unconcerned with outcomes or the world around it. It is evident that business concerns form an integral part of every aspect of human interaction.
The Financial Stability Oversight Council (FSOC), the unelected oversight group created by the Dodd-Frank Act to monitor and regulate firms deemed to pose systemic risk to the economy (ie. “too big too fail”), has decided begun to expand its remit beyond what even the law’s authors had imagined.
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 New York Times’ utterly ridiculous Editorial Board recently as one addressed Title II Internet regulatory Reclassification and Network Neutrality – and they did so in utterly ridiculous fashion.
Since the Internet itself has no one “location,” it would be difficult to create a simple set of tax rules for items bought and sold. Rather than make it complex and add to the mix of confusing tax policies that already dominate American life, we should continue to shop and sell unabridged from government interference.
Far too many government officials (and civilian Leftists) are Aesop scorpions. It’s in their nature to regulate. And regulate again. And then regulate some more. In Baby Boomer Radical parlance, they are willing – even eager – to destroy the village in order to save it.
The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.