Rants like this are inappropriate for this forum Bert.
The court did exactly what should have been expected - the States cannot create
a patchwork quilt of regulations that impact services in adjacent states.
Get over it.
Regards
Craig
On Sep 9, 2018, at 10:53 PM, Manfredi (US), Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
"This morning, the U.S. Court of Appeals for the Eighth Circuit reaffirmed in
Charter Advanced Services (MN), LLC v. Lange (in the context of Minnesota's
attempt to regulate interconnected VoIP service) that state efforts to
regulate information services are preempted by federal law."
Which only points out happens when corrupted federal agencies lie, either
because they are hopelessly technically ignorant, or because they want to do
favors to a handful of special interests.
Obviously here, we are talking about telephony, and not some unnecessary
entertainment/information network. Not only that, we are talking about a
state law which intends to foster commerce, and interstate commerce, as
opposed to a corrupted FCC that is happy to raise obstacles to interstate
commerce, to favor a tiny number of special interests.
What's more, we are talking about telephone service, which has *specifically*
been mandated neutral, for more than a century, and which is increasingly
being carried over the Internet.
Now, I'll readily agree that *if* the underlying Internet service were
already mandated neutral, *then* to mandate neutrality of VoIP per se would
not be essential. People would have a choice of other VoIP providers,
presumably. But you, FCC Chairman, royally screwed that up.
There's simply no excuse left, not at this late stage, to think that any
telecom service provided over the Internet, such as VoIP, is not at least as
critically important as the service was before the Internet existed. That's
why "advanced telecom services" should be classified as telecom services, as
they finally were, in 2015. And with no ill effects. And not classified as
frivolous entertainment fare, as this Chairman seems to think.
And then the Chairman's disingenuous gloating:
"A patchwork quilt of 50 state laws harms investment and innovation in
advanced communications services. That's why federal law for decades has
recognized that states may not regulate information services."
Let's not be such phonies. This "patchwork" is only emerging to defend
against a corrupt FCC, working only to prop up your previous employer.
Federal law is supposed to pre-empt state laws, only because the presumption
was, individual states would become protectionist of their own industries,
and against interstate commerce. In this case, as in all other examples
dealing with the Internet, the hopelessly corrupt federal official is
OPPOSING interstate commerce. Perfectly willing allow telephone service to be
blocked or degraded, or web sites to be blocked or degraded, if this suits
the best interests of the Chairman's previous employer.
Don't be such a phony, FCC. People aren't as stupid as you hope.
"The Eighth Circuit's decision is important for reaffirming that
well-established principle: '[A]ny state regulation of an information
service conflicts with the federal policy of nonregulation' and is therefore
preempted."
Right, and for motivations PRECISELY OPPOSITE yours! To foster commerce, not
to do special favors to the very few!
"That is wholly consistent with the approach the FCC has taken under
Democratic and Republican Administrations over the last two decades,
including in last year's Restoring Internet Freedom Order."
More bald-faced lies. The FCC, during all previous administrations,
Republican and Democrat, did nothing but try to keep Internet service
neutral. At first, neutrality was guaranteed by the Title II dialup lines.
And then later, with broadband and a misclassified Internet service, the FCC
kept failing to get their neutrality orders upheld in the courts. Until
finally, the courts gave Chairman Wheeler that strong hint: RECLASSIFY, then
your orders will have teeth.
Your cynical slogan, "restoring blab la bla," is pure nonsense, to distract
the utterly clueless. Eject him from office!
Bert
--------------------------------------
https://docs.fcc.gov/public/attachments/DOC-353991A1.pdf
Media Contact: Tina Pelkey, (202) 418-0536 tina.pelkey@xxxxxxx
For Immediate Release CHAIRMAN PAI STATEMENT ON EIGHTH CIRCUIT AFFIRMATION
THAT STATE EFFORTS TO REGULATE INFORMATION SERVICES ARE PREEMPTED
WASHINGTON, September 7, 2018-This morning, the U.S. Court of Appeals for the
Eighth Circuit reaffirmed in Charter Advanced Services (MN), LLC v. Lange (in
the context of Minnesota's attempt to regulate interconnected VoIP service)
that state efforts to regulate information services are preempted by federal
law. Federal Communications Commission Chairman Ajit Pai issued the
following statement:
"A patchwork quilt of 50 state laws harms investment and innovation in
advanced communications services. That's why federal law for decades has
recognized that states may not regulate information services. The Eighth
Circuit's decision is important for reaffirming that well-established
principle: '[A]ny state regulation of an information service conflicts with
the federal policy of nonregulation' and is therefore preempted. That is
wholly consistent with the approach the FCC has taken under Democratic and
Republican Administrations over the last two decades, including in last
year's Restoring Internet Freedom Order."
###
Office of Chairman Ajit Pai: (202) 418-1000 Twitter: @AjitPaiFCC
www.fcc.gov/leadership/ajit-pai
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