[opendtv] Re: Wheeler Comes Out Swinging in Title Fight | Broadcasting & Cable
- From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
- To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
- Date: Tue, 10 Feb 2015 19:41:20 -0500
On Feb 10, 2015, at 5:22 PM, Manfredi, Albert E <albert.e.manfredi@xxxxxxxxxx>
wrote:
> This one paragraph explains why this Title II designation was needed:
>
> "Earlier last week, ...
>
> Precisely! In the past, the courts ruled that under the existing
> classification as an information service, the FCC had no authority to make
> any neutrality demands. And the courts were basically egging the FCC on, to
> get the basics right first, then revisit this issue.
>
> Which is what the FCC isa doing now.
One might assume the courts had good reasons to reject the earlier attempts by
the FCC to regulate the Internet to enforce net neutrality - we can read the
former rulings.
One might also assume that the courts could find that the FCC does not have the
authority to regulate the Internet using Title II; i.e. that Title II does not
apply.
The paragraph you cited is certainly germaine; whatever the FCC does will be
challenged in the legal system and tied up for years.
The easiest way to do something to ensure net neutrality, that will pass legal
muster, is for Congress to do it via legislation.
Regards
Craig
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