[opendtv] Re: Multichannel News: FCC's 'Net Rule Rollback Roils Foes
- From: Craig Birkmaier <brewmastercraig@xxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 22 Nov 2017 08:58:22 -0500
So here is an article that does exactly what I said while posting the National
Review editorial this morning - BLATANT FEAR MONGERING.
On Nov 21, 2017, at 8:40 PM, Manfredi, Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
At this point, I'd be a lot more interested to hear what the courts have to
say. The courts blocked Tom Wheeler's attempt to mandate neutrality, when
Wheeler was trying to do so while broadband was classified under Title I.
This time around, the courts can and should do the same thing, simply because
broadband service *is* a telecom service, a common carrier. The courts should
simply say, stop, FCC, we have long standing rules that guarantee neutrality
of common carriers, and you're overstepping your authority by attempting to
overturn those rules.
They FCC has NO STANDING in this situation Bert. The 1996 rewrite of the
Communications Act specifically stated that Federal, State and local
authorities should forebear any attempts to regulate ISPs, which are an
information service, not common carriers.
No doubt there will be litigation after this order - that is the very nature of
the regulatory establishment in your neighborhood. It is “the full employment
act” for the K-Street lawyers and the state regulatory regimes.
The good news is that - unless Congress passes legislation to establish LEGAL
rules, along with an enforcement regime - the next attempt at litigating Net
Neutrality is likely to wind up at thye Supreme Court, which would have no
option other than to rule that the FCC overstepped its authority in 2015.
Sorry, FCC, even that makes no sense. Even if the letters were copies, this
would be no different from when people sign petitions.
True.
It is also TRUE that the FCC publishes NPRM’s before adopting rules, in order
for the entities that are affected by those rules to comment. Individual
citizens are welcome to comment, but they have no standing at the FCC, and
popular opinion polls are just that - popular opinion.
We do not govern by the popular vote, and polls are used all the time to to
create false narratives - by both parties. As I pointed out yesterday, 2there
is widespread support for the principles of Net Neutrality, but NOT for the
heavy handed regulatory regime adopted by the FCC under Obama/Wheeler.
Oh, and this would really be an improvement. So, when the special interests
behave as they always have done as legacy MVPDs, we have to wait for years to
let multiple branches of government weigh in and make things right again.
No Bert. The marketplace does not respond in that manner.
The only reason that the cable companies were able to “behave badly,” was
regulation. The Law of Unintended Consequences gave the media congloms and the
cable industry carte blanche’ to raise rates continuously, even as the congloms
took control of the content delivered by the MVPDs.
The old saw applies: “Be careful what you ask for...”
Even worse, we have to trust the broadband providers to openly disclose when
they are throttling and blocking sites. Borders on idiotic.
Looking in the mirror again.
The ISPs are NOT going to block and throttle Bert.
Get over it.
WIll there be forms of paid prioritization?
Probably, since they have existed since the very beginning of the Internet. It
is up to the marketplace, not some unelected regulators, to determine what
consumers want, as long as there is an enforcement mechanism available to deal
with abuse.
I have a great idea Bert.
Let’s get rid of ad supported “Free TV,” and FOTI streaming. Clearly it should
be illegal for advertisers to pay to prioritize the availability of Free TV
services over subscription services.
Yes this sounds absurd. Just as absurd as all the arguments that “the Internet
as we know it is going to die,” because we are returning to a regulatory regime
that allowed it to fundamentally change how people communicate, while creating
massive wealth and investment.
Regards
Craig
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