Here we go again. The last couple of times, they wanted to use “statistical sampling” to replace the Constitutionally-mandated direct enumeration in the Census. Now they want to use online polls to do the Census.
Let’s be clear: The Obama FCC is terrible, and generally threatens innovation, but I absolutely oppose efforts to do a comprehensive Communications Act bill. It’s nothing against Fred Upton and Greg Walden on this, as they’ve generally been pretty good on these matters. But any huge bill like this is going to get set up by every lobbyist in DC, and it will invariably grow a grab bag of special interest giveaways. A comprehensive Communications Act would become a ‘we have to pass it to find out what’s in it’ moment. Don’t do it. Pass one reform at a time. Find incremental reforms.
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It doesn’t matter that nearly all House Republicans are against it, and a good number of Democrats besides. It doesn’t matter that ATR is against it, CNBC warns it could “kill the Internet,” or that we just don’t need it.
The FCC has gone ahead and put out a Notice of Inquiry to go ahead with Deem and Pass reclassification of ISPs away from being “information services” under the law, which was the plainly obvious intent of the Telecommunications Act of 1996. You see, in Comcast v. FCC, the courts have strictly limited how much regulation the FCC can do of information services. So, the FCC is going to declare that ISPs are now phone companies, and regulate accordingly.
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When the FCC announced plans to declare that ISPs are no longer information services, but are instead phone companies, the FCC claimed the authority to regulate content and prices on Internet service nationwide. And no matter how many times the neo-Marxists at Free Press (and their front group Save the Internet) claim that Net Neutrality is all about “preserving an open Internet,” the FCC’s actions are all about command and control.
Even Democrats see the problem, as 72 House members of the Democratic persuasion signed a letter to FCC Chairman Julius Genachowski urging him to slow down and let the Congress do its job, instead of taking matters into his own hands and defying the law and the courts to do so.
Update: It’d help if I link the right letter.
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