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Eleven years of legal uncertainty!

One of the biggest reasons NN would be a disaster to implement is that no one can define it --meaning it would be left to the courts to do so -- which can take eleven years! Late last week the DC Court of Appeals finally upheld for the first time the FCC's unbundling rules stemming from the 1996 Telecom Act. It took the FCC four attempts over eleven years to craft rules implementing the 1996 Telecom Act's unbundling rules.

Why is this a big issue for NN? First the House Markey and Snowe-Dorgan bills were drafted very similarly to the section 251 of the Telecom Act, which created so much legal uncertainty.

New Senate NN Draft

I am encouraged Chairman Stevens new third draft has focused on a consumer-oriented net neutrality compromise more in line with the light touch in the House approach. The ecommerce giants have consistently pushed for a producer-oriented approach which is designed to protect themselves from more competition while doing little for the consumer. Chairman Stevens gets it.

My view continues to be that the legislation should not mention net nuetrality at all becuase any mention of it leaves future heavy handed regulators an opening for Big Govenment regulation and micromanagment of the Internet.

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Q&A One Pager Debunking Net Neutrality Myths