[opendtv] Re: B&C: States File Petitions to Undo FCC's Internet Rule Rollback
- From: Craig Birkmaier <brewmastercraig@xxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Thu, 18 Jan 2018 08:53:07 -0500
On Jan 17, 2018, at 2:58 PM, Manfredi, Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
Nice to see democracy, and checks and balances, in action. Talk about
"overreach." Let's see some decisive action to stamp out overt government
corruption.
Nice to see Bert still believes in the ability of the Courts to accomplish what
Congress and the regulators cannot do.
Just a few minor issues here:
1. These lawsuits cannot be filed yet - the new rules have not been published.
And if the case proceeds via a lottery selection it might not be heard in the
D.C. Appeals Court, which gave Obama what he wanted.
2. The primary challenge in this lawsuit is that it was illegal for the FCC to
make “arbitrary and capricious” changes to policies like Net Neutraltiy.
THe problem is that the decision to move to Title II regulation of Net
Neutrality WAS “arbitrary and capricious.” It therefore cannot be arbitrary and
capricious to reverse this decision.
The fact remains that the District Court, and then the Appeals Court upheld the
2015 Title II decision, essentially reversing a 2005 Supreme Court decision,
and the clear intent of the 1996 Telecom Act to PREVENT Federal and State
regulation of the Internet.
These Courts do not have the authority or power to reverse the Supreme Court.
And then they suspended any appeals of their decisions pending the announced
decision of the Pai FCC to reverse the Title II order.
And then there is the ludicrous assertion that without Title II regulation, the
ISPs will become “Gatekeepers,” raise rates in the future, and control what we
see:
"The repeal of net neutrality would turn internet service providers into
gatekeepers - allowing them to put profits over consumers while controlling
what we see, what we do, and what we say online," said Schneiderman. "This
would be a disaster for New York consumers and businesses, and for everyone
who cares about a free and open internet."
Sorry Mr. Schneiderman, but you cannot take someone to court to PREVENT future
behavior. And then there is the minor issue that Edge Providers are now
blatantly breaking the Net Neutrality rules from which they were exempted in
the February 2015 Title II decision.
So bring it on! Unless Congress legislates Net neutrality rules, this issue
will necessarily end up in the Supreme Court, where it should have been heard
last year.
Good luck Bert.
Regards
Craig
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