Re:FCC Passes Strict Net Neutrality Regulations on 3-2 Vote
by Zebra20 on Thursday February 26, 2015 @04:32PM
(#9115650)
1. This is the news release from today:
http://www.fcc.gov/document/fcc-adopts-strong-sustainable-ru...
on the last page, you can see the docket number, which is 14-28.
2. This is the docket page for 14-28.
http://apps.fcc.gov/ecfs/proceeding/view?name=14-28
3. In the FCC filings section, you can see that the NPRM was filed May 2014. This sets the comment period to July 2014, and the comment reply period to September 2014.
4. There is an order issued in July 2014 that denies extension of the comment period.
5. I conclude that we are in fact, on step #7, and are just waiting on the Report and Order to be filed, at which time the regulations are enacted.
6. Furthermore, Wheeler's statement talks about an 'Order'.
http://www.fcc.gov/article/doc-332260a2
Am I wrong in my reasoning? Aren't these rules, whatever they are, about to become active?
Re:FCC Passes Strict Net Neutrality Regulations on 3-2 Vote
by Karunamon on Thursday February 26, 2015 @06:32PM
(#9116298)
It appears you're correct, but the news release specifically mentions that which bits and pieces of title II are going to be implemented and which will be under forbearance. Since those laws are already public, what rules are not being clearly defined, here?
Re:FCC Passes Strict Net Neutrality Regulations on 3-2 Vote
by tzs on Thursday February 26, 2015 @07:20PM
(#9116483)
The description of the rule making process given at the FCC site [1] says that "The Final Rule. After the comment period closes and the Commission has reviewed and analyzed the comments received, we decide whether to proceed with the rulemaking we proposed, issue a new or modified proposal, or take no action on the proposal".
This makes it sound like the final rule must be the rule that was proposed and commented on, which would mean we've looped back to issuing a new proposal.
[1] http://www.fcc.gov/encyclopedia/rulemaking-process-fcc#q6
You were told this was wrong yesterday, and I know you saw that because you responded.
Why are you still repeating it?
Once again, we will all have plenty of time to read these regulations before they are enacted.
Here is how this works, and how it has worked for well over 50 years, as required by the Administrative Procedure Act, at most or all agencies, not just the FCC.
1. Someone at the agency decides to propose rules.
2. They circulate those rules within the agency for discussion, and they may modify them based on that discussion.
3. When they feel that the rules are ready for consideration as an official proposal, they bring them to a vote among before the Commissioners. (Well, for the FCC it is the Commissioners. I have not idea what the corresponding group at, say, the FAA, is called. It would be cool if they were the Aviators, but it is probably something lame).
4. If the rules pass this vote, the agency then publishes them in the Federal Register as a "Notice of Proposed Rule Making" (NPRM). A public commentary period, normally 60 days, begins.
5. People then comment on the rules. They comment on other people's comments.
6. If there are a lot of comments, the agency might extend the commentary period.
7. When the commentary period ends, the agency considers the comments, and decides if it is going to go ahead and enact the rules, or start over, or not regulate at all at this time.
We just finished step #3 and #4 is starting. The published proposal has to include the objections raised by the Commissioners who voted against them, with responses to those objections by those who supported the proposal, so there will be a short delay before publication and the start of the comment period.