U.S. appeals court kills net neutrality

[Efilroft Sul]

43. I'm reading the partial dissent

This is in the ruling:

The majority puts it even more starkly, asserting that the Commission [FCC] "found that broadband providers have the technical and economic ability to impose restrictions on edge providers." Majority Op. at 38 (emphasis added). But the Commission never actually made such a finding. Its conclusions are littered with “may,” “if,” and “might.” For example, according to the Commission, a broadband provider:

• “may have economic incentives to block or otherwise disadvantage specific edge providers”
• “might use this power to benefit its own or affiliated offerings at the expense of unaffiliated offerings”
• “may act to benefit edge providers that have paid it to exclude rivals”
• “may have incentives to increase revenues by charging edge providers”6
• “might withhold or decline to expand capacity in order to ‘squeeze’ non-prioritized traffic”

25 F.C.C.R. at 17915-22 ¶¶ 21-29. To be sure, the majority correctly observes that we should defer to an agency’s “predictive judgments as to the economic effect of a rule,” National Telephone Cooperative Ass’n v. FCC, 563 F.3d 536, 541 (D.C. Cir. 2009), but deference to such a judgment must be based on some logic and evidence, not sheer speculation.

***

Okay, now that fourth bullet above has a 6 cited for footnote purposes. Footnote 6 reads:

In this case, Verizon has indicated it does wish to explore two-sided pricing (charging both edge providers and consumers).

It's not sheer speculation. It's clear that one such plan is in the works, and the FCC understands how companies like Verizon and Comcast have the economic ability to squeeze rivals, edge providers, and consumers to their benefit.

The Court thinks we all fell off the turnip truck yesterday. Does anyone remember the promise of the Telecommunications Act of 1996? More competition will lower prices. Riiiight. Media consolidation has raised prices. My cable bill alone for expanded basic went from $24 a month to $56 a month for the same service.