"The Buck Stops at the FCC"-(Net Neutrality)

[Ichingcarpenter]

40. Five Epic Fails in the FCC's New Net Neutrality Plan

Fail #1: Let’s fix this by proposing new rules (that we can’t enforce)

The whole reason the FCC ended up in court (twice) is that it based its Net Neutrality rules on a shaky legal foundation. When the Bush-era FCC decided to classify cable and telco broadband as an “information service” instead of a “telecommunications service,” it surrendered the FCC’s power to protect the open Internet. These bad decisions finally caught up with the agency in January.

The reason the court threw out the FCC’s rules is simple: Telling ISPs they cannot block or discriminate is an obligation the FCC can impose only on telecommunications service providers. Information services are exempt from these obligations. Since these FCC decisions treat broadband the same way they’d treat any website or application, the agency can’t prohibit a broadband provider from discriminating any more than it can bar a website owner from rejecting an ad or an R-rated comment.

Fail #2: Applaud us for mentioning the existence of Title II

The FCC’s announcement says the agency will “keep Title II authority on the table” — meaning that the agency may consider reclassifying broadband under Title II of the Communications Act at some point in the future. This is supposed to soothe the millions of people, businesses and organizations that have called on the FCC to reclassify.

But leaving Title II “on the table” is a bit like saying the Constitution is still “on the table.” Title II is the law of the land; only Congress can take it off the table.

The court told the FCC it can’t have it both ways: Either broadband is a common-carrier network that’s subject to rules that prevent blocking and discrimination — or broadband is an information service, which means ISPs can discriminate.

Title II isn’t an option to be reserved for later. It’s the only option that will protect Internet users.

Fail #3: The FCC’s love affair with 706

The FCC keeps trotting out section 706 of the Telecommunications Act as a solution. But as we’ve explained before, the FCC can’t protect free speech and prevent discrimination under the so-called Section 706 authority mentioned in Wednesday’s announcement. Last month’s court decision made that crystal clear.

more;
https://www.commondreams.org/view/2014/02/20-6


Great Post BTW.... also everyone pay attention to
your TV news if open internet is even discussed during the day as news....and any politicians speaking about it on TV...... I only know that Sen. Sanders is doing this
in any substance of discussion.

I would like to see some democrats speak up about this.