FCC Chairman clarifies Open Internet Proposed Rulemaking

Given Wheeler's background as a cable lobbyist this is just talk. A good first step would be nullifying state and local laws banning low cost municipal wifi fibre networks. The cable companies and telcos have strong-armed these laws through legislatures and city councils all over this country. The FCC can strike them all down whenever it wants to. If it does I might start to believe Wheeler. Until then I think he is lying through his teeth.

He was saying some words in that talk that I liked to hear. Wheeler is a sharp guy and it's quite possible that he is taking his new role as protector of the public airwaves (and networks) seriously.

Ask me again a few months from now, but for now I'm thinking that Wheeler is worth watching and listening to.

Um, actually, no, the FCC can't just "strike down the laws." Its Constitutional "authority" is tenuous at best, and such a move would be in clear violation of the 10th Amendment. And I strongly doubt the FCC wants this one to go all the way to the Supreme Court.

What the FCC could do is clarify whether or not the carriers are "Common Carriers".

If they are, then they cannot legally discriminate traffic.

> What the FCC could do is clarify whether or not the carriers are "Common Carriers".

If they're not, they're legally liable for everything that goes over their networks. I'm not sure that's a can of worms they want to open.

What a delightful knot these fools have twisted themselves into. They want to be publicly regarded as common carriers, but without the actual legal status.

Couldn't happen to a nicer bunch.

> What the FCC could do is clarify whether or not the carriers are "Common Carriers".

The courts struck down the FCC's eratz, faux Net Neutrality / Open Internet rules regulations on the grounds that the FCC didn't have the authority to impose such regulations under Title I of the Communications Act -- and the FCC currently classifies ISPs as "Information Services" belonging under Title I .

But the court also took the trouble to point out that the FCC definitely does have the authority to designate ISPs as a common carriers, which then would therefore fall properly under Title II of the Communications Act -- and thereby would be subject to the FCC's authority concerning such matters as Net Neutrality regulation.

The truly telling thing is, how stubbornly most FCC commissioners have been to somehow avoid taking this simple step that lies well within their authority and the FCC's purpose for existing in the first place. They will spout reams of verbiage and dance jigs through the bureaucratic process, to manoeuvre around the clear and obvious solution, that their prospective future employers won't like.

> ...that their prospective future employers won't like.

I think Bob and I are a bad influence on you, BernardSwiss. :)

I can see how you might see it that way, but in actuality, it's almost certainly more accurate to point out that I am a possibly a good influence on you. ;)

However -- getting back on topic:

Washington’s revolving door: Cellular lobby and FCC have traded leaders http://arstechnica.com/tech-policy/2014/04/washingtons-revol...

> it's almost certainly more accurate to point out that I am a possibly a good influence on you. ;)

We can only hope so. I need the good influences I can get. :)

@ jdixon -- just as long as you promise to not take this approach:

http://amultiverse.com/comic/2014/05/02/perc-and-mikes-bogus...

:P

The best way to ensure Net Neutrality is for the FCC to declare the Internet a Public Utility. But they just won't do it.

Hmmm....

Maybe we should go over to Nevada and tell some of those yo-yos that there are virtual cows being held hostage.

@dinotrac:

The Cowpocalypse has already happened.

@gus --

And so begins the Age of Soy.