Re:The House just voted to wipe out the FCC’s landmark Inter...
by tzs on Tuesday March 28, 2017 @10:24PM
(#13982802)
> To do the regulations, the FCC reclassified the internet as basically ye olde telephone system, which then made it subject to their purview based on laws created in the 1930s. This is classic overreach. Congress never gave this authority to the FCC and is acting to put them back in line with the law.
It was the FCC that decided in the first place to classify ISPs as information services rather than common carriers. They have the authority from Congress to do that, and I'm aware of nothing in the laws that granted that authority that say that once the FCC makes such a classification they cannot later revisit that and change the classification.
> The lesson here really is that if the issue is really important, then get an actual law passed instead of trying to contort regulatory authority based on laws from the 1930s.
There have been several additions and amendments to the 1930s laws, such as the Telecommunication Act of 1996. It is disingenuous to suggest that the FCC is relying on 1930s laws for their authority.
It was the FCC that decided in the first place to classify ISPs as information services rather than common carriers. They have the authority from Congress to do that, and I'm aware of nothing in the laws that granted that authority that say that once the FCC makes such a classification they cannot later revisit that and change the classification.
> The lesson here really is that if the issue is really important, then get an actual law passed instead of trying to contort regulatory authority based on laws from the 1930s.
There have been several additions and amendments to the 1930s laws, such as the Telecommunication Act of 1996. It is disingenuous to suggest that the FCC is relying on 1930s laws for their authority.