Bert,
You keep cherry picking which portions of Title II you think apply to ISPs, and
which parts can be ignored.
Either all of Title II apply, or none of it applies. If the FCC can enforce
non-preferential treatment of bits, then the FCC must also enforce pricing.
What did the courts say?
In two rulings, in April and June 2010 respectively, both of the above were
rejected by the United States Court of Appeals for the District of Columbia
Circuit in Comcast Corp. v. FCC. On April 6, 2010, the FCC's 2008
cease-and-desist order against Comcast to slow and stop BitTorrent transfers
was denied. The U.S. Court of Appeals ruled that the FCC has no powers to
regulate any Internet provider's network, or the management of its practices:
"[the FCC] 'has failed to tie its assertion' of regulatory authority to an
actual law enacted by Congress",[58][59] and in June 2010, it overturned (in
the same case) the FCC's Order against Comcast, ruling similarly that the FCC
lacked the authority under Title One of the Communications Act of 1934, to
force ISPs to keep their networks open, while employing reasonable network
management practices, to all forms of legal content.[60] In May 2010, the FCC
announced it would continue its fight for net neutrality.[61]
Get congress to pass a damn law, Bert.
Cheers,
John
From: Manfredi (US), Albert E
Sent: Sunday, September 23, 2018 9:02 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: And VoIP
John Shutt wrote:
And for the final time, and I refuse to reply on this subject
again, I am not against Net Neutrality.
I am against a rogue FCC commission deciding arbitrarily in 2015
that they had an authority that federal courts had determined
that the FCC did not have.
