“Today’s announcement reminds me of the movie Groundhog Day,” wrote Pai. “In the wake of a court defeat, an FCC chairman floats a plan for rules regulating Internet service providers’ network management practices instead of seeking guidance from Congress, all while the specter of Title II reclassification hovers ominously in the background. I am skeptical that this effort will end any differently from the last.”
“I am deeply concerned by the announcement that the FCC will begin considering new ways to regulate the Internet,” said O’Rielly. “As I have said before, my view is that section 706 does not provide any affirmative regulatory authority. We should all fear that this provision ultimately may be used not just to regulate broadband providers, but eventually edge providers.”
The D.C. appeals court that overturned the anti-blocking and nondiscrimination portions of the FCC’s 2009 Open Internet order did concede that ISP’s have the ability and incentive to discriminate against edge providers in the provision of competing data or video services, and the power to regulate broadband in the interests of deployment if it concludes such discrimination would discourage that deployment.
“It appears that the FCC is tilting at windmills here,” said O’Rielly. “Instead of fostering investment and innovation through deregulation, the FCC will be devoting its resources to adopting new rules without any evidence that consumers are unable to access the content of their choice.”
The criticial issue is to prevent the FCC from regulating internet content; which would be the next step in principle once the FCC is in control of the internet infrastructure which is presently the property of the ISPs who built and maintain it.
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