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View Diary: This Threat to Net Neutrality Makes FCC Fast Lanes Look Like Child's Play (130 comments)

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  •  It would be IN the courts, but probably not (1+ / 0-)
    Recommended by:
    The Technomancer

    "tied up."

    The FCC has clear statutory authority and responsibility to determine the classification of data transportation over the Internet.  When it rules that such transportation is a telecommunications service, that ruling takes effect.

    I agree that challenges are likely - but I would be amazed if any court issued an injunction staying the ruling while the cases proceeded.  The likelihood of the FCC eventually losing is too small.

    •  Not only that... (2+ / 0-)
      Recommended by:
      Elwood Dowd, StrayCat

      ...but in the ruling against the FCC in favor of Verizon, the opinion rather clearly states that the FCC has the prerogative to regulate a common carrier in that fashion, but needs to classify data services as a common carrier service first, which they haven't done.

      Everyday Magic

      Any sufficiently advanced technology is indistinguishable from magic.
      -- Clarke's Third Law

      by The Technomancer on Fri May 02, 2014 at 07:26:41 PM PDT

      [ Parent ]

      •  Yes, and the path Wheeler is laying out (2+ / 0-)
        Recommended by:
        StrayCat, The Technomancer

        is likely to be full of losing court battles for the agency.

        The Commissioners examining each deal to determine whether it is "commercially unreasonable."   Find the authority for THAT arbitrary power in law.

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