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Submitted by Scott Cleland on Tue, 2014-09-23 18:37
The FTC implicitly laid down an important jurisdictional, political, and public marker against FCC reclassification of broadband as a utility, in its recent FCC filing in the FCC’s Section 706 inquiry proceeding.
Respectfully outside of the Open Internet proceeding considering whether to reclassify broadband information services as a Title II common carrier (utility) telecommunication service, the FTC officially and deftly introduced key legal facts into the overall FCC record – that deftly have the practical and legal effect of opposing FCC reclassification of broadband Internet access service as a Title II common carrier – on the record.
Submitted by Scott Cleland on Thu, 2014-09-18 21:38
Please see my latest Daily Caller op-ed: “The Forgotten Consumer in the Fast Lane Net Neutrality Debate” – here.
- It explains how the whole “no fast lane” argument is misdirection that serves Silicon Valley’s interests at the expense of what’s best for empowering consumers.
- It is Part 64 in my FCC Open Internet Order Series.
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FCC Open Internet Order Series
Submitted by Scott Cleland on Sun, 2014-09-14 22:21
Please read my Daily Caller op-ed: “De-competition De-competition De-competition” here.
- De-competition is regulation that undermines competition in order to justify more regulation.
As one can see from the “de-competition” series below, this isn’t the first time the FCC has turned to de-competition policy.
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FCC De-Competition Series
Part 1:Harms of a Potential New FCC De-Competition Policy – Reply Comments to FCC Open Internet NPRM [4-5-10]
Submitted by Scott Cleland on Tue, 2014-09-09 18:25
FCC Open Internet Order Remand Request for Comments (GN Docket No. 14-28) Submitted by: Scott Cleland, Chairman of NetCompetition, September 9, 2014
The case against the FCC regulating broadband as a telephone utility is overwhelming. Please see eight strong arguments against FCC Title II reclassification of broadband below.
The Summary Case against FCC Title II Reclassification of Broadband
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The FCC rejected Title II reclassification in 2010 for many good reasons.
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Broadband info services classification is consistent with law, national policy, and FCC precedent.
Submitted by Scott Cleland on Thu, 2014-09-04 21:26
What is the FCC’s definition of “competition?” That is the defining question and take-away from FCC Chairman Wheeler’s latest broadband speech, “The Facts and Future of Broadband Competition.”
Tellingly the Chairman said: “Since my first day as Chairman of the FCC my mantra has been consistent and concise: Competition, Competition, Competition.” Well then, it seems especially important to understand exactly what the FCC Chairman means when he says the FCC is singularly focused on “Competition.”
Submitted by Scott Cleland on Thu, 2014-08-28 11:53
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
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The Supreme Court has already indicated it would be unconstitutional.
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It would be anti-competitive, the opposite of the FCC’s statutory purpose and legal mandate.
I. Why FCC Preemption of States Rights would be Unconstitutional
First, the Supreme Court already has decided this issue effectively in favor of state rights. In Nixon v. Missouri Municipal League (2004) the Supreme Court rejected federal preemption of state prohibitions on telecom services. It specifically rejected the use of the FCC’s Title II section 253(a) authority to preempt state prohibitions of localities offering telecom services on constitutional federalism grounds.
Submitted by Scott Cleland on Wed, 2014-08-20 14:13
Pro-regulation interests often resort to highly misleading arguments to advance their cause. Fortunately that kind of deception ultimately exposes the weakness of their underlying argument and public policy position.
To promote Netflix’ “strong” version of net neutrality regulation and to oppose the Comcast-TWC acquisition, Consumerist just framed a very deceptive whopper competition argument: “Comcast says mobile data is competitive, but it costs $2k to stream Breaking Bad over LTE.”
Submitted by Scott Cleland on Mon, 2014-08-11 11:38
The old adage is true here; “if it ain’t broke don’t fix it.”
The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.
Inter-networked computer networks are effectively the opposite of railroad, electricity, and telephone networks; trying to impose telephone interconnection rules on IP inter-networking is akin to forcing a square peg into a round hole. It predictably breaks both the peg and the hole.
Please see NetCompetition’s House CommActUpdate submission on interconnection -- here. (3 pages)
Submitted by Scott Cleland on Fri, 2014-07-11 12:29
FOR IMMEDIATE RELEASE
July 11, 2014
Contact: Scott Cleland 703-217-2407
Broadband Reclassification is a Problem Pretending to be a Solution; & Un-supported by the Facts, Unjustified on the Merits, & Unwise Given FCC’s Record of Title II Failures
Networks Aren’t Free; Businesses Pay for Electricity, Water, Gas, Transport & Delivery
Submitted by Scott Cleland on Mon, 2014-07-07 22:41
Please see my latest Daily Caller op-ed: “Top 10 Failures of FCC Title II Utility Regulation.”
The FCC has had a failure-prone, seventy-year track record implementing Title II telephone regulation.
It is important to remember what the FCC did in the past with Title II authority, because those who don’t learn from the past are doomed to repeat it.
It is Part 56 of my FCC Open Internet Series.
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FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
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