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

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 crafoo on Sunday October 14 2018, @10:32PM (1 child)

    by crafoo (6639) on Sunday October 14 2018, @10:32PM (#748735)

    I don't think the GOP is pro states rights and the constitution any more than the Dems are, they just play more lip service to it. It's a sad state of affairs.

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  • (Score: 1, Troll) by Azuma Hazuki on Sunday October 14 2018, @10:37PM

    by Azuma Hazuki (5086) on Sunday October 14 2018, @10:37PM (#748736) Journal

    People like you aren't helping, Mr "We need an 'involuntary skydiver' emoji." In fact, I'd say people like you are the main driving force behind the uniparty trending toward authoritarianism. You don't get to complain about the mess you made.

    --
    I am "that girl" your mother warned you about...