& cplSiteName &
Comments
Newest First  |  Oldest First  |  Threaded View        ADD A COMMENT
Page 1 / 2   >   >>
Duh!
50%
50%
Duh!,
User Rank: Blogger
2/28/2018 | 9:49:45 AM
Re: Lawsuits
"More egregious"? The mind boggles. 
Joe Stanganelli
50%
50%
Joe Stanganelli,
User Rank: Light Sabre
2/27/2018 | 10:37:28 PM
Re: Lawsuits
@Duh: Chevron is far from a free pass, but I think we see this very differently. That bar of arbitrariness/caprice/abuse of discretion is a VERY high bar indeed to demonstrate -- and courts are very reluctant to make findings of such. I've observed and even litigated far more egregious agency actions (legally/procedurally speaking) and still seen judges decline to make that call.
Duh!
50%
50%
Duh!,
User Rank: Blogger
2/27/2018 | 11:32:51 AM
Re: Lawsuits
No.

The Open Internet order made a case that the facts on the ground had changed since the Cable Modem order in 2002; that BIAS is more like a telecommunications service than an information service; that a record of past abuses makes regulation necessary; that the Commission's has no authority to do so except through Title II. The only alleged procedural abuse was supposed improper influence by the White House and the FCC, which was debunked by independent investigation.

I'm not sure whether the many flaws in the Internet Freedom (sic) order come from arrogance, incompetence or self-sabotage.
brooks7
50%
50%
brooks7,
User Rank: Light Sabre
2/27/2018 | 10:58:55 AM
Re: Lawsuits
Duh!,

Do you think a similar claim can be made for the imposition of Title II?

I am asking because I think imposing it was wrong and now overturning it was wrong.  But all that said, I am not sure that the rules were not followed.

seven

 
Duh!
50%
50%
Duh!,
User Rank: Blogger
2/27/2018 | 10:01:07 AM
Re: Lawsuits
Chevron doesn't give agencies a free pass. The court's decision will be guided by Section 706 of the Administrative Procedures Act.

In light of the record, it would be difficult to argue that this proceeding was anything other than "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law... short of statutory right... without observance of procedure required by law;... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court."

 

 
Joe Stanganelli
50%
50%
Joe Stanganelli,
User Rank: Light Sabre
2/26/2018 | 10:25:48 PM
Re: Shakeout Will Be Interesting
@seven: That's the thing. Net Neutrality is usually spoken of as the network operators treating traffic and content equally -- but the same activists beating the drum for what they deem Net Neutrality are often perfectly happy to see content hosts discriminate.

It's all a political red herring.
Joe Stanganelli
50%
50%
Joe Stanganelli,
User Rank: Light Sabre
2/26/2018 | 10:21:10 PM
Re: Lawsuits
@Duh: On what legal basis?

Chevron is still the law of the land (Thomas and Gorsuch's anti-Chevron stances notwithstanding); as such, the FCC is entitled to reasonable interpretations of its power -- and declining to characterize broadband providers as common carriers under Title II seems like a pretty basic exercise of that discretion.
Phil_Britt
50%
50%
Phil_Britt,
User Rank: Light Sabre
2/26/2018 | 4:03:25 PM
Re: Shakeout Will Be Interesting
No major consolidation, but big companies keep getting bigger and have the ability to wield more power.

 
brooks7
50%
50%
brooks7,
User Rank: Light Sabre
2/26/2018 | 4:01:34 PM
Re: Shakeout Will Be Interesting
@phil_britt,

Your post talked about consolidation.  What consolidation since 2015 are you referring to?

@all,

2nd topic:  How should we view the new ad rules on Youtube as a component of Net Neutrality.  One of the big problems with NN is small content creators being blocked out of the market.  How is the latest rule changes about monetization of Youtube any different?

seven

 
Duh!
50%
50%
Duh!,
User Rank: Blogger
2/26/2018 | 1:35:09 PM
Re: Lawsuits
Really?

If I were a betting man, I'd bet that the court overturns it and administers Pai et al a good whupping to boot.
Page 1 / 2   >   >>


Featured Video
Upcoming Live Events
September 17-19, 2019, Dallas, Texas
October 1-2, 2019, New Orleans, Louisiana
October 10, 2019, New York, New York
October 22, 2019, Los Angeles, CA
November 5, 2019, London, England
November 7, 2019, London, UK
November 14, 2019, Maritim Hotel, Berlin
December 3-5, 2019, Vienna, Austria
December 3, 2019, New York, New York
March 16-18, 2020, Embassy Suites, Denver, Colorado
May 18-20, 2020, Irving Convention Center, Dallas, TX
All Upcoming Live Events