I didn’t expect this until later this year, but it’s happened already: Verizon is suing the FCC over Net Neutrality. Verizon is taking the case directly to the DC Circuit Court of Appeals, which is contrary to the FCC’s published advice on venue shopping of course, and returns the fight to the place where the FCC lost last time in Comcast v FCC.
I will have more to say on this after I study what I can find on the details, but this is big. Congressional Republicans led by Fred Upton have already come out in favor of the action, and The Hill says this to sum it up:
Verizon’s appeal listed four grounds for the challenge: the order is in excess of the FCC’s statutory authority; it is arbitrary, capricious and an abuse of discretion within the meaning of the Administrative Procedure Act; it is contrary to constitutional right; and it is otherwise contrary to law.
I’m glad to see they’re shotgunning the reasons to toss it, because I imagine anyone of them will put the FCC in a bad spot, should the courts agree.
I went ahead and took Martin Luther King day off, so it’s a double dose of stories to cover tonight. Though first, in case you missed it, make sure to see my post today on Marsha Blackburn‘s call to action against stifling, destabilizing Internet and technology regulation.
Other than that, the big story this week so far has been the FCC finally approving the NBC Universal/Comcast merger. I don’t even know why the center-left is even supposed to be worried about that merger at this point. After all, they passed Net Neutrality, right? Anyway, it’s a real shame that this approval has only come with a number of special set asides for left-wing causes, but as I’ve said before, I’m guessing the shareholders will take what they can get after all of this delay.
Of course, the neo-Marxists are sobbing hysterically about this development. Let’s all pause, lower our heads, and take a moment to laugh at Free Press’s Josh Silver.
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Marsha Blackburn, Republican of Tennessee, has put out a two pronged announcement of what America needs conservatives to achieve when it comes to the the Internet, new technologies, and the regulation of them all. It’s fun to watch just how strong she’s come out on these critical issues.
First she had a very well-written piece in the Washington Times explaining how the Internet and related tech issues have gone from a “niche in public policy” to being essential “to keep America free and prosperous.” She gives a great overview of the problems with the FCC and Net Neutrality, then goes on to explain how she, Fred Upton, and other Republicans can do something about it. It’s worth a read, or a link, if you ever need a summary of where we stand today.
The big story though came the next day, when she gave the keynote address to the State of the Net conference held by the Congressional Internet Caucus advisory committee. That’s where she drew the line, bright and clear.
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Good evening. The Communication Workers of America are making a cowardly little statement in favor of Net Neutrality, as they simply must be team players even though they know the radical left’s agenda threatens to kill their own jobs, but for the most part the left still wants to move on from Net Neutrality. There are good reasons for that.
First, one of our predictions from before is already coming true. They’re coming after content, already. Louise Slaughter is pressing the FCC to institute a sweeping campaign of censorship online. Free Press is on the case, too. Speech that regulators disfavor must be “curbed,” she thinks. Remember when we were assured that the FCC should show “forbearance,” and that the FCC’s Net Neutrality power grab wasn’t a free speech issue at all, but just a network management issue? Of course. Of course.
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Ah, 1am. I spent a few hours this evening working on some math, and now suddenly it’s the middle of the night. So as I say all too often in this space, I’m going to make it quick.
While Fred Upton and his committee arrangements are so important to our coming fights against the EPA, the FCC, and of course the coming Obamacare apparatus, it’s also true that other Republicans can and will play roles in this fight.
Marsha Blackburn is one of them. She’s introduced the Internet Freedom Act, written to take back from the FCC the powers it’s unilaterally decreed itself to have over the Internet.
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Some people stay up late on December 31. I don’t intend to, Friday and New Year’s Eve or not. Boring, yes, I know. But until I switch to decaf coffee my sleeping habits are going to be a wreck, so I’ll just have to ride it out. And that means I want to get going right away with tonight’s stories.
Republicans are getting very loud on regulatory issues, both with the FCC and with the EPA. Fred Upton is ginning up support in Michigan for his planned House efforts to challenge EPA regulatory power grabs with respect to Carbon Dioxide, efforts that will surely influence the FCC and Net Neutrality. In addition, on Sunday morning at 9am Eastern he’s scheduled to speak with Chris Wallace on Fox, with repeats on Fox News Channel at 2 and 6pm Eastern. I am so glad he’s going out there and preparing to lead on regulatory issues.
Kay Bailey Hutchison has also called the FCC “wrong” on Net Neutrality, and is hoping to be able to get some sort of action through a Democrat controlled Senate. It won’t be easy, as she points out, but it could happen if we can swing enough Democrats to see the truth about the FCC power grab.
She also doesn’t rule out defunding the FCC’s Net Neutrality plans, a way of stopping the regulations that the President cannot veto.
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