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FCC Tells Court it has no "Legal Authority" to Impose Net Neutrality Rules

posted by chromas on Sunday October 14 2018, @10:00AM   Printer-friendly
from the ♫♪I-want-my-FTC♪♫ dept.

martyb writes:

FCC Tells Court it has no "Legal Authority" to Impose Net Neutrality Rules:

FCC defends repeal in court, claims broadband isn't "telecommunications."

The Federal Communications Commission opened its defense of its net neutrality repeal yesterday, telling a court that it has no authority to keep the net neutrality rules in place.

Chairman Ajit Pai's FCC argued that broadband is not a "telecommunications service" as defined in federal law, and therefore it must be classified as an information service instead. As an information service, broadband cannot be subject to common carrier regulations such as net neutrality rules, Pai's FCC said. The FCC is only allowed to impose common carrier regulations on telecommunications services.

"Given these classification decisions, the Commission determined that the Communications Act does not endow it with legal authority to retain the former conduct rules," the FCC said in a summary of its defense [pdf] filed yesterday in the US Court of Appeals for the District of Columbia Circuit.

The FCC is defending the net neutrality repeal against a lawsuit filed by more than 20 state attorneys general, consumer advocacy groups, and tech companies. The FCC's opponents in the case will file reply briefs next month, and oral arguments are scheduled for February.

Then why not let the states implement it?

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  • (Score: 2) by MichaelDavidCrawford on Sunday October 14 2018, @06:12PM (3 children)

    by MichaelDavidCrawford (2339) Subscriber Badge <mdcrawford@gmail.com> on Sunday October 14 2018, @06:12PM (#748674) Homepage Journal

    ... even if you're joking." -- Clint Eastwood, "Line Of Fire"

    Back in the day some Kuron speculated about how he might get a certain Covered Person's head on a pike in his front yard. A few days later he was called to his manager's office, where two Secret Service agents asked him to explain himself.

    --
    Yes I Have No Bananas. [gofundme.com]
    Starting Score:    1  point
    Karma-Bonus Modifier   +1  
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  • (Score: 2) by Runaway1956 on Sunday October 14 2018, @09:22PM

    by Runaway1956 (2926) Subscriber Badge on Sunday October 14 2018, @09:22PM (#748717) Journal

    You've heard the term "credible threat", I presume. I haven't "threatened" the prez - I've stated what we SHOULD DO. Neither you nor I have the power nor the authority to put Pai on a scaffold for a public execution, nor do either of us have the power or authority to force the Trump to watch the execution, nor to flog him while he watches the execution. Any "threat" you read into my post is simply not credible.

    I'm not worried about any SS showing up at my home, or at work, or anywhere else in my life.

    And - if they did? I'd laugh at any dumbass who takes my post above seriously.

  • (Score: 2) by FatPhil on Monday October 15 2018, @07:06PM (1 child)

    by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Monday October 15 2018, @07:06PM (#749180) Homepage
    Oh, come on, does a Eurpopean have to be the one who posts this?
      http://youtube.com/watch?v=QEQOvyGbBtY
    --
    Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves