[opendtv] Re: Net neutrality is dead -- what happens next?
- From: Craig Birkmaier <brewmastercraig@xxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Mon, 18 Dec 2017 07:31:24 -0500
On Dec 17, 2017, at 11:03 PM, Manfredi, Albert E
Nothing new in this article, really. But I am reminded that when some court
or other had deemed that a "do not call list" was illegal, it only took days
for Congress to make damned sure it became legal. Too bad that this time,
Congress seems particularly dumbass in understanding the issues. To the point
of mouthing platitudes about how the great combination of two powerful
agencies were going to ensure that we have an open and neutral Internet.
Be careful what you ask for Bert. Congress has been deregulating the
communications industries for more than three decades; thanks to increased
competition, consumers have realized massive benefits, relative to the heavy
handed regulatory regimes of the last century.
Commissioner O’Reilly puts the current situation in proper perspective:
As some have already argued, the issue of FCC authority over the Internet is
a “major question.”4 Specifically, it is a matter of such “economic and
political significance,” that if Congress intended the FCC to wield the power
to regulate it, then Congress would have clearly stated its intent.5 Our
current statute is devoid of any such statement.6 On the contrary, what
little is said in the law is aimed at keeping the Internet free from state
and federal regulation. However, new legislation, should Congress deem it
appropriate, would provide that clarity and end the game of regulatory ping
Pretty ignorant, IMO. Do they only listen to the Chairman's cynical slogans,
which say precisely the OPPOSITE of what he's doing, every single time? Is it
any wonder why their approval rating is in the teens, at best?
Nothing cynical here Bert, other than the rampant fear mongering about what
MIGHT happen. Yes Congress is a mess, but they are the only branch that can
resolve this for once and for all. And while they are at it, they can update
the Communications Act for the 21st Century.
Sun setting the FCC would be a great place to start...
But I don't understand why the author is saying that the non-neutrality law
will take effect right away. Legal challenges stopped the Tom Wheeler FCC
dead in its tracks, when it attempted to mandate neutrality the wrong way.
This may cut both ways Bert. Obviously there will be new litigation. But the
last Circuit Court decision and appeal is still active. Unless someone can get
an injunction immediately the rules will take effect as soon as they are
It really does not matter what happens; until there is some indication of where
this will move next, nobody is going to change their current behavior. It is
worth noting that nothing really changed after the 2015 order - the Zero Rating
plans were created after 2015. Again, it was the well founded fear of what the
FCC would do under Title II that caused the most concern.
The Wheeler FCC was well on its way to making Zero Rating illegal, until Trump
won the election. The Wheeler FCC created privacy rules under the General
Conduct Rule, but Congress revoked them. And then there was the ill fated
effort to finally address the unbundling of cable STBs, where the Wheeler FCC
was trying to expand this failed mandate to create a technical standard for
Internet streaming devices...
Hopefully in this case we may see some clarity either from Congress, or the
I would think we could see a repeat of just that kind of swift action, since
there has been absolutely no evidence of anything going wrong, with the Title
II classification. It's not like Title II is some brand new concept, right?
But things were starting to go wrong until Trump was elected. Not actions by
ISPs, but actions by the FCC to start using its new authority to impose
regulations on the ISPs. And then there was the cost of regulating ISPs under
Title II, which did chill new investment, and innovation.
And again, as to how the service providers will react, that's really obvious.
Slowly, bit by bit, they will do exactly the same things they've been doing
for their entire existence. And you can bet, it would become progressively
worse over time. We have a very long history of their behavior, when
unchecked, becoming progressively worse. No need to pretend it's a big
Not gonna happen Bert. There is growing competition and a range of new options
are on the horizon. These companies are not so short sighted as to try and
squeeze out a little short term profit at the expense of pissing off
subscribers. What they are doing, and will continue doing, is use promotional
bundles to attract subscribers. The cost per bit will continue to decline, and
data caps will increase and eventually disappear as new technologies reach the
Assuming broadband service non-neutrality would ever be permitted to last. It
won't, and the crook in charge will have egg on his face.
You need to break a few eggs to make an omelette Bert. Net neutrality is firmly
entrenched at a much more fundamental level that laws and regulations. It is
EXPECTED by the vast majority of Americans. Any company that purposely tries to
piss customers off is going to fail.
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