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View Diary: FCC to consider rule gutting Net Neutrality (214 comments)

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  •  Yes they have a choice. (6+ / 0-)

    Common carrier status.

    "Turns out I'm really good at killing people." - President Obama

    by jrooth on Thu Apr 24, 2014 at 06:45:51 AM PDT

    [ Parent ]

    •  How does that work? (0+ / 0-)

      I'd like to believe that's a viable option, but I can't imagine the courts would just let the FCC end-run this on their own say-so. See a skeptical link here. If this is a magic bullet, why didn't the previous chairman (Genachowski), who was a proponent of net neutrality, do it?

      •  The court ruling explicitly said (2+ / 0-)
        Recommended by:
        DiesIrae, Phoenix Woman

        that common carrier status would change things:

        "Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the commission from nonetheless regulating them as such," Judge David Tatel wrote for the court.
        Now it's possible a court challenge to that designation would succeed. I have no idea how likely that is. But at any rate the court itself strongly hinted that's the way to do net neutrality if that's what the FCC wants.

        "Turns out I'm really good at killing people." - President Obama

        by jrooth on Thu Apr 24, 2014 at 08:22:00 AM PDT

        [ Parent ]

        •  Perhaps they should try. (1+ / 0-)
          Recommended by:
          jrooth

          The problem is that it would overturn a lot of FCC precedent - they'd have to come up with a reason for the change that wasn't "arbitrary and capricious". And even if they could get the two Clinton judges on that three-judge panel to buy it, the Reagan judge's much more harsh opinion (basically saying the FCC has almost no authority to regulate ISPs) would likely be the one adopted at the Supreme Court level.

          Seems to me they're trying to walk a tight line here - trying to do as much as possible without provoking a Supreme Court slap-down that takes away all their regulatory authority.

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