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May 2010

FCC Exceptionalism and Supremacy?

Often stepping back to gain perspective and to try and see the forest for the trees, can be highly instructive. However, if one steps back to see the big picture of how this FCC is attempting unilaterally to change U.S. Internet policy, the view is surreal.

  • Increasingly, this FCC is becoming an island.
    • It is insisting on self-asserting its exceptionalism and its supremacy over the Internet; and
    • It is ignoring an overwhelming amount of important and contrary input, advice and evidence from Congress, the Courts, DOJ, FTC, past FCCs, industry, and the public. 
  • Simply, this FCC increasingly appears to view itself as exceptional and as the supreme authority on and over the Internet, unconstrained by Congress, the courts, law, economics, markets, or the public.
Consider the avalanche of input and evidence that the FCC is completely ignoring as it proceeded yesterday with its announced plans to have a preliminary vote June 17th to enable the FCC to officially declare broadband a common carrier regulated service for the first time and to mandate its currently illegal proposed open Internet regulations.

1.  Ignoring Congress: A majority of members of Congress now oppose the FCC plan in writing (285 of 535) per the National Journal

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