FCC Caves on Net Neutrality

Good one Tom

Lays it all out in a clear, concise, "fair and balanced" way.

 

Some of those in favor of net neutrality (e.g., hawki) must be pondering a scenario where the sole pro-net neutrality FCC Commissioner "fell on her sword" and resigned. This would leave The FCC without a quorum and would prevent Pai from formally initiating his propsed rule for at least many months. That time could be used by pro net-neutrality advocates to strategize and "marshall the troops" to launch a grass roots information campaign that would result in thousands of additional comments that The FCC would have to address in it's rulemaking proceeding, petitions and other means of flooding the Congress with expressions of mass public opposition to Pai's proposal, etc.

This is not as far-fetched a scenario as it might appear. A lack of a quorum currently exists at The Federal Energy Regulatory Commission (aka FERC), a little known but critical independent agency, like The FCC, that has regulatory jurisdiction over permitting and rates of interstate natural gas pipelines including pipelines transporting gas from deep water offshore drilling platforms, interstate transmission of electric generation and power across the nation's energy grid, setting standards for security for critical energy infrastructure, hydroelectric dam permitting and the construction of any dam that would affect "navigable waters", and the rates for oil interstate pipeline transportaion, among other things.

When President Trump took office there were only three out of the full Commission of five Commisioners.(Typically commissioners whose terms are close to expiring resign with a change of administrations). The Trump Administration appointed one of the sitting Democratic Commissioners as Acting Chairman thereby demoting the then Acting Chairman (who was pereceived to be less friendly to the industry), who subsequently decided to flip the bird and immediately resigned. A quorum at The FERC like The FCC requires three Commissioners. The FERC has been paralyzed since January and new and the expansion of energy projects have thus also been paralyzed -- the energy industry considers it as being the crisis that it is with no sign on the horizon of a new commssioner being appointed and confirmed any time soon.

 

The term of Mignon Clyburn, the sole Democrat on the FCC, expires at the end of June. Clyburn opposes a rollback of the FCC’s 2015 net-neutrality rules.

And doh - Clyburn would not have to resign to deny the FCC a quorum -- she could merely not attend the FCC's open meeting when Pai's rule is on the agenda. hawki is not aware of any legal requirement for a Commissioner to attend a full FCC meeting.

 

Net neutrality may be poised for a Supreme Court showdown

-- Tom

 

To be accepted for an appeal to The Supreme Court (grant a Petition for Writ of Certiorari) four of the nine justices must vote in the affirmative.

FWIW: From the articles I have read about the likelihod of this happening, the general consesus is that because The FCC intends to revisit the issue, The Court is unlikely to be inclined to "waste it's time" on hearing this case. But that is just educated speculation.

 

Net Neutrality Rules May Slow Innovation, but Uncertainty Will Be Worse

-- Tom

 

"John Oliver tackles net neutrality again, crashes FCC comments site—again

Comedian John Oliver has once again asked his viewers to fight on behalf of net neutrality, and the Federal Communications Commission website wasn't able to handle the immediate influx of angry comments...

There are now about 80,000 comments on the proposal, more than double the amount reported on Friday..."

https://arstechnica.com/tech-policy...rality-again-crashes-fcc-comments-site-again/

"..his viewers flooded the Federal Communications Commission (FCC) site, causing it to temporarily crash..."

https://www.commondreams.org/news/2...-neutrality-defenders-crash-fcc-website-again

 

"FCC says DDOS attacks, not net neutrality comments, tied up comments system

The federal agency did not provide any evidence of the alleged attacks, which occurred as HBO comedian John Oliver urged viewers to flood the FCC with comments..."

http://www.zdnet.com/article/fcc-sa...ents-tied-up-comments-system/#ftag=RSSbaffb68

A DDOS attack -- I guess that explains the doubling of public comments immediately following Oliver's show )

Pai gets pie in face.

 

"FCC should produce logs to prove ‘multiple DDoS attacks’ stopped net neutrality comments

... Fight for the Future further said: 'The FCC should immediately release its logs to an independent security analyst or major news outlet to verify exactly what happened last night. The public deserves to know, and the FCC has a responsibility to maintain a functioning website and ensure that every member of the public who wants to submit a comment about net neutrality has the ability to do so. Anything less is a subversion of our democracy.'..

I agree with Fight for the Future; the FCC should produce its logs and prove its multiple DDoS claim. It will either be true or another bizarre claim in a series of inexplicable claims—some might can them lies—made by Pai..."

http://www.networkworld.com/article...-net-neutrality-comments.html#tk.rss_security

 

Meet the man John Oliver just called 'doofy'

-- Tom

 

After net neutrality comment system fails, senators demand answers

-- Tom

 

"...Commissioner Mignon Clyburn today Tweeted a “flashback” to 2014, when then-Commissioner Ajit Pai had many, many objections to the FCC’s process for creating a net neutrality rule — objections that he mysteriously seems much less concerned about this time around.

In her fact sheet , Clyburn very helpfully lays out several of these changes in position side-by-side,"

https://consumermediallc.files.wordpress.com/2017/05/thenvsnowpai.png?w=768&h=778

Source:

https://consumerist.com/2017/05/09/...-listen-to-your-own-advice-on-net-neutrality/

 

The FCC has received 128,000 identical anti-net neutrality comments

-- Tom

 

How One Little Cable Company Exposed Telecom’s Achilles’ Heel

-- Tom

 

This is the origin of the anti-net neutrality spam onslaught

-- Tom

 

Net neutrality has a new champion: Meet Sen. Brian Schatz

-- Tom

 

Flooded with thoughtful net neutrality comments, FCC highlights “mean tweets”

-- Tom

 

You can't win an argument with an idealogue.

 

"Everything Ajit Pai Has ******* Up in the Last Three Months...

Making it harder for the poor to get broadband...

Eroding net neutrality...

Scrapping restrictions on rates for prison phone calls...

Rolling back internet privacy & security rules...

Tweeting

The dingus tweeted about how much he loved Amazon Prime, possibly violating an ethics rule preventing government employees from promoting any product or service. What an idiot."

http://gizmodo.com/everything-ajit-pai-has-fucked-up-in-the-last-three-mon-1794499353

Pai Is a Piece of Work

 

Ajit Pai accidentally supports utility rules and open-access networks

-- Tom

 

The FCC Today discusses and will issue it's anti-net neutrality "Restoring Internet Freedom" Notice of Proposed Rulemaking, provided pro-net-neutrality Commssioner Mignon Clyburn decides to attend to provide a quorum, which she is expected to do,

The Commission Meeting begins at 10:30 AM. You can watch it live here:

https://www.fcc.gov/general/live

Also viewable on C-Span (good cuz it will be available after the live meeting also and you can fast forward.)

https://www.c-span.org/video/?428533-1/fcc-take-first-vote-reversal-2015-net-neutrality-rule

[UPDATE: C-Span is the preferred choice -- it has numerous camera positions -- if you have never attended an Independent Federal Agencyu Meeting it gives a much better/interesting context of such an "experience"]

There are six items on the FCC's Tentative Agenda today and the net neutrality discussion is currently scheduled as fifth, so it may be a little while before they get to net-neutrality. I would expect The Commision to dispose of those items ASAP so as to provide full time for the net neutrality business.

A copy of The Notice of Proposed Rulemaking on net neutrality that will be discussed is available here in both text and pdf formats:

https://www.fcc.gov/document/restoring-internet-freedom

Following Today's vote, The Commission will seek more comment over the summer before putting together a final set of "net neutrality rules, "likely in the fall. Pai has said he wants to complete the rulemaking process this year.

 

FYI: Net Neutrality Discussion Is Now Live

The Commission Meeting begins at 10:30 AM. You can watch it live here:

https://www.fcc.gov/general/live

Also viewable on C-Span (good cuz it will be available after the live meeting also and you can fast forward.)

https://www.c-span.org/video/?428533-1/fcc-take-first-vote-reversal-2015-net-neutrality-rule

[UPDATE: C-Span is the preferred choice -- it has numerous camera positions -- if you have never attended an Independent Federal Agencyu Meeting it gives a much better/interesting context of such an "experience"]

 

WOW !! The pro-net-neutrality Commssioner Mignon Clyburn is totally destroying the "reasoning" of The Proposed Rule on the basis of law, policy, and facts. Brilliant -- she really did her homework. IMHO this rule does not have a chance of being upheld by The Courts, even it were not a flip-flop (at least until it reaches the Pro-Corporate US Supreme Court, if they decide to take the case a year or two from now). Pai is gonna need a change of underwear. She is basically saying Pai is intellectualy dishonet, at the very least -- that the Rule's foundation, broadband investment, is not a valid legal basis for such a rule and that even if it were, the facts contradict the arguments in the rule that rely on it.