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Submitted by Scott Cleland on Mon, 2014-12-08 18:12
Will this FCC legal team learn from the legal mistakes of their predecessors and ensure the FCC has a thorough and a sufficient legal record to justify their legal theories, given that the FCC already has failed twice in crafting legal net neutrality regulations in Comcast v. FCC in 2010 and again in Verizon v. FCC in 2014?
Kindly, the U.S. Court of Appeals has provided the FCC a roadmap to follow to legally justify their net neutrality rules under Section 706.
It is telling that the court provided no similar legal “roadmap” for Title II reclassification. That’s because Title II reclassification would require successfully backtracking decades of opposing FCC and court precedents and remixing FCC authorities in new and imaginative ways to traverse uncharted legal territory.
Submitted by Scott Cleland on Wed, 2014-12-03 10:40
Please don’t miss my Daily Caller op-ed here: “Who Pays for Net Neutrality?”
It’s the core question net neutrality proponents don’t want asked and won’t answer.
This is Part 75 of my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Thu, 2014-11-20 12:17
If Congress or the media seek incisive oversight/accountability questions to ask the FCC about the real world implications and unintended consequences of its Title II net neutrality plans, here are ten that fit the bill.
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Authority? If the FCC truly needs more legal authority to do what it believes necessary in the 21st century, why doesn’t the FCC start the FCC modernization process and ask Congress for the legitimacy of real modern legislative authorities? Or is it the official position of the FCC that its core 1934 and 1996 statutory authorities are sufficiently timeless, modern and flexible to sustain the legitimacy of FCC regulation for the remainder of the 21st century?
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Growth & Job Creation? While it may be good for the FCC’s own power in the short-term to impose its most antiquated authority and restrictive Title II regulations on the most modern part of the economy, how would that heavy-handed regulation be good or positive for net private investment, economic growth and job creation?
Submitted by Scott Cleland on Tue, 2014-11-11 21:18
The top ten most descriptive adjectives for the President’s claim that Title II utility regulation authority is needed to implement net neutrality are:
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UNTRUE
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UNWARRANTED
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UNNECESSARY
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UNFAIR
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UNPOPULAR
Submitted by Scott Cleland on Mon, 2014-11-10 12:37
FOR IMMEDIATE RELEASE
November 10, 2014
Contact: Scott Cleland 703-217-2407
The President’s Call for Regulating the Internet as a Title II Utility Could Break the Global Internet
Autocratic Nations Want the UN’s International Telecommunications Union to Control the Internet
Reclassifying the Internet as “Telecommunications” Isn’t Domestic Policy, but Trade/Foreign Policy
WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:
Submitted by Scott Cleland on Sat, 2014-11-08 09:41
Please don’t miss my Daily Caller op-ed here: “The Federal Communications Congress?”
It explains how the FCC would be reversing longstanding, successful, bipartisan U.S. trade and foreign policy, if it unilaterally reversed the legal status of Internet traffic from an un-tariffed information service to a price (and tariff) regulated “telecommunications” service.
This is Part 71 of my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Fri, 2014-10-31 13:41
Please don’t miss my Daily Caller op-ed here: “Net Neutrality Has Become an Industrial Policy.”
It explains how net neutrality is being exposed to be less about protecting consumers and more about “Trojan horse” political messaging to protect and subsidize Silicon Valley economic interests.
This is Part 70 of my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Wed, 2014-10-22 19:16
Please don’t miss my Daily Caller op-ed here: “Will the FCC Break the Internet?”
It explains how the FCC could effectively break the Internet and seriously undermine U.S. trade and foreign policy interests, if it redefined the legal status of American Internet services to ITU utility-regulated “telecommunications” services.
This is Part 68 of my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Thu, 2014-10-16 10:12
Please don’t miss my Daily Caller op-ed here: “Silicon Valley’s Biggest Internet Mistake,” to learn the disastrous international repercussions for the Internet of the FCC regulating the American Internet as a “telecommunications” utility.
This is Part 67 of my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Sun, 2014-10-05 22:40
Rep. Henry Waxman, Ranking Member of the House Energy and Commerce Committee, wrote the FCC to propose that the FCC, in its pending Open Internet order remand, “reclassif[y] broadband providers as telecommunications services and then using the modern [Title I] authority of section 706 to set bright-line rules to prevent blocking, throttling, and paid prioritization.”
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