[opendtv] Re: And VoIP
- From: "Manfredi (US), Albert E" <albert.e.manfredi@xxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Mon, 24 Sep 2018 02:14:59 +0000
John Shutt wrote:
You keep cherry picking which portions of Title II you think apply to
ISPs, and which parts can be ignored.
Yes, I agree with what you say here. That's because, I've repeated many times,
if not Title II, then something to replace it. Less onerous, but which still
guarantees *telecom neutrality*. Look at the two other posts I sent just now,
John. That was also the mood in Congress, even among many Republicans. No
blocking, no throttling.
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:
I guess you weren't following this list while all of that was taking place
then, John. Because I explained what was happening, at the time.
This is what led up to the 2015 change in classification! The courts made it
very plain to Wheeler: you cannot keep trying to mandate neutrality, UNLESS you
first reclassify broadband service as a telecom service. In 2002, the FCC had
misclassified broadband as information service, only because it was easier to
do so, and no broadband ISP had yet misbehaved (well, it was just the beginning
of the broadband era, and too, TV wasn't being streamed yet.)
But every FCC Chairman since then had run up against these legal roadblocks,
when trying to make ISPs behave. Finally, the courts told Wheeler what to do,
and Wheeler did it.
It's totally disingenuous to pretend that Congress didn't want net neutrality,
John. They were perfectly happy with it. So were the people. See my two
previous posts.
Bert
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