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Submitted by Scott Cleland on Fri, 2015-09-18 11:08
How many times is it “reasonable” for any agency to assert that their core legal arguments are “reasonable” before they sound unreasonable? A few? Several? A dozen?
Of the 19 core statutory arguments in the summary defense of the FCC’s Open Internet order, TWELVE defend the order by declaring the FCC’s legal judgment was “reasonable.”
When arguing in court that the FCC has the statutory authority to common-carrier-regulate the Internet for the first time, shouldn’t the FCC be able to declare at least once in their summary defense: “the law says,” “precedent supports,” or at least “Congress intended?”
Submitted by Scott Cleland on Mon, 2015-09-14 18:15
The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
In reality, the FCC’s legal case is closer to a magnificent beach sandcastle.
Its downfall will be that its case is sand, on top of a sand foundation -- that won’t be able to weather the elements intact.
Consider some of the elements the FCC’s sandcastle legal case must withstand.
The term “net neutrality,” or direct Congressional authority to mandate the FCC’s concept of “net neutrality,” is not found in law.
Submitted by Scott Cleland on Mon, 2015-09-07 18:11
Please don’t miss my latest Daily Caller op-ed:” Presidential Candidate Lawrence Lessig’s Far Left Net Neutrality Agenda.”
Submitted by Scott Cleland on Mon, 2015-08-17 10:46
Submitted by Scott Cleland on Mon, 2015-08-03 13:46
Everyone should have the freedom to innovate and compete in America, the land of opportunity.
There should be no innovation or competition double standard where government politically picks winners and losers by rigging competition via denying some companies the freedom to innovate and compete spectrally while granting it to their competitors.
With radio spectrum, America has created different but symbiotic spectrum models. One is licensed spectrum where spectrum for exclusive use is auctioned to the highest bidder. The other is unlicensed spectrum where anyone is free to share the same spectrum if they play nice and do not interfere with other spectrum sharers’ use. These models have never been either/or; they have always been free and open to use separately or together to maximize innovative, commercial, and competitive opportunity.
Submitted by Scott Cleland on Wed, 2015-07-29 17:49
Google’s market capitalization has approached a half trillion dollars as its stock hit an all time high, because of a positive quarterly profit surprise and because Google’s new CFO signaled that “Google cost discipline” may no longer be an investment oxymoron.
The market appears to be ignoring that Google’s legal status as a corporation changed in 2Q15 to an FCC Title II regulated common carrier that is subject to very strict and preemptive behavioral non-discrimination requirements to mitigate potential abuse of market power on Google’s network -- per the FCC’s new Open Internet Order which reclassified Internet infrastructure as Title II common carriage regulated to enforce strict net neutrality.
This analysis of Google’s many new common carrier liabilities has four parts: I) the investment and regulatory relevance of Google being a common carrier; II) the evidence of Google being a major Internet access player via the surprising size of its Internet infrastructure, communications, traffic carriage, and market power; III) a listing and explanation of Google’s many new FCC common carrier liabilities, including nine potential net neutrality violations, three privacy, and three transparency; and IV) a conclusion about what this could mean for Google and its valuation going forward.
Submitted by Scott Cleland on Mon, 2015-07-13 16:52
Submitted by Scott Cleland on Mon, 2015-07-06 10:54
What is the Internet?
Simple question, one would think the FCC could give a simple, straight and accurate answer when talking to their international regulatory counterparts, but they won’t.
That’s because they don’t want them to regulate the Internet like the FCC just has regulated the Internet in its Open Internet Order.
To try and justify regulating just the ISP-telecommunications-side of the Internet, but not regulating the Silicon-Valley-telecommunications-side of the Internet, the FCC’s, diplomatic message is as hypocritical as it is embarrassing: ‘do as we say, not as we do.’ (Translation: Adopt America’s Silicon-Valley-industrial-policy as your country’s policy.)
The FCC has lost its credibility internationally because to claim that they are not regulating the Internet, the FCC must torture the definition of “the Internet” beyond recognition.
America’s international counterparts get the joke, they weren’t born yesterday.
And the joke is the FCC’s spin.
Submitted by Scott Cleland on Tue, 2015-06-23 17:52
Please don’t miss my latest Daily Caller op-ed, “FCC Changed “Can-do” Internet into “Can’t-do” Internet.”
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Mon, 2015-06-15 23:13
The FCC’s just operative Open Internet Order, with its classification of broadband as Title II common carriage and vague Internet conduct standard, sets ISPs up for FCC “gotcha” or contrived regulation and enforcement.
FCC Commissioner O’Reilly exposed the FCC’s “gotcha!” game: “I will be vigilant in resisting any attempts by the agency to act as a referee enforcing rules known to none of the players and made up along the way.”
And the FCC’s Enforcement Chief, Travis LeBlanc, tacitly admitted to playing the contrived “gotcha!” game in an article with the National Journal entitled: “The FCC’s $365 Million Man.”