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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: 4, Interesting) by Azuma Hazuki on Sunday October 14 2018, @04:54PM (5 children)

    by Azuma Hazuki (5086) on Sunday October 14 2018, @04:54PM (#748657) Journal

    Funny, I always thought the GOP was about states' rights...hmm...

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  • (Score: 4, Insightful) by Pslytely Psycho on Sunday October 14 2018, @08:47PM (2 children)

    by Pslytely Psycho (1218) on Sunday October 14 2018, @08:47PM (#748710)

    Not if it's a liberal state. They might do things like make Maryjane legal or Net Neutrality or give gay people rights, or raise minimum wages.
    Of course they're good with voter suppression, destroying Planned Parenthood, making sure you don't do anything unholy in your bedroom and incarcerating children.
    You know, all those Godly things.

    http://www.politicsplus.org/blog/wp-content/uploads/2016/06/0612reublican-jesus.jpg [politicsplus.org]

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    Alex Jones lawyer inspires new TV series: CSI Moron Division.
    • (Score: 2, Disagree) by The Mighty Buzzard on Monday October 15 2018, @12:10AM (1 child)

      by The Mighty Buzzard (18) Subscriber Badge <themightybuzzard@proton.me> on Monday October 15 2018, @12:10AM (#748765) Homepage Journal

      You're a decade or three behind the times in your criticisms of Republicans. The only one still valid is the minimum wage bit and that's just them disagreeing rather than trying to force states to keep a low minimum wage.

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      My rights don't end where your fear begins.
      • (Score: 2, Insightful) by Anonymous Coward on Monday October 15 2018, @01:19AM

        by Anonymous Coward on Monday October 15 2018, @01:19AM (#748776)

        Really? So they're no longer in favor of the federal war on drugs?

  • (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.

    • (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.

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