BREAKING: FCC Approves Net Neutrality

FCC Chairman, Tom Wheeler

From Politico:

The Federal Communications Commission voted along party lines Thursday to approve sweeping changes to how it regulates the Internet, capping more than a year of noisy debate that sparked millions of public comments and drew the attention of President Barack Obama and congressional leaders. 

The agency’s three Democrats voted to approve Chairman Tom Wheeler’s net neutrality order, which would treat broadband like a utility to ensure all Web traffic is treated equally.  

The commission’s two GOP members, Republican lawmakers and the nation’s telecom giants oppose the rules, saying they will dampen innovation and investment. AT&T has already threatened a legal challenge. 

“The Internet is the most powerful and pervasive platform on the planet. It’s simply too important to be left without rules and without a referee on the field,” Wheeler said at Thursday’s FCC’s meeting. 

“Today is a red-letter day for Internet freedom, for consumers who want to use the Internet on their terms, for innovators who want to reach consumers without the control of gatekeepers.” 

In a separate decision Thursday, the FCC’s Democratic majority voted to override state laws that prevent community-run broadband networks in Chattanooga, Tennessee and Wilson, North Carolina from expanding their geographic reach. The move will help such locally managed networks compete with incumbent cable and telecom companies.

“The Internet is the most powerful and pervasive platform on the planet."

So naturally the government thinks it ought to be in charge.

And puts itself in charge without the vote of Congress.

Taxation without Representation.

We don't have a government anymore.

The Coming FCC Regulations

As I understand the matter, these regulations will take effect on February 26, 2015. According to Hot Air, these regulations will result in new taxes, a slower Internet, and fewer choices.

From the above link:

First, President Obama’s plan marks a monumental shift toward government control of the Internet. It gives the FCC the power to micromanage virtually every aspect of how the Internet works. It’s an overreach that will let a Washington bureaucracy, and not the American people, decide the future of the online world. It’s no wonder that net neutrality proponents are already bragging that it will turn the FCC into the “Department of the Internet.” For that reason, if you like dealing with the IRS, you are going to love the President’s plan.

Second, President Obama’s plan to regulate the Internet will increase consumers’ monthly broadband bills. The plan explicitly opens the door to billions of dollars in new taxes on broadband. Indeed, states have already begun discussions on how they will spend the extra money. These new taxes will mean higher prices for consumers and more hidden fees that they have to pay.

Third, President Obama’s plan to regulate the Internet will mean slower broadband for American consumers. The plan contains a host of new regulations that will reduce investment in broadband networks. That means slower Internet speeds. It also means that many rural Americans will have to wait longer for access to quality broadband.

Fourth, President Obama’s plan to regulate the Internet will hurt competition and innovation and move us toward a broadband monopoly. The plan saddles small, independent businesses and entrepreneurs with heavy-handed regulations that will push them out of the market. As a result, Americans will have fewer broadband choices. This is no accident. Title II was designed to regulate a monopoly. If we impose that model on a vibrant broadband marketplace, a highly regulated monopoly is what we’ll get. We shouldn’t bring Ma Bell back to life in this dynamic, digital age.

Fifth, President Obama’s plan to regulate the Internet is an unlawful power grab. Courts have twice thrown out the FCC’s attempts at Internet regulation. There’s no reason to think that the third time will be the charm. Even a cursory look at the plan reveals glaring legal flaws that are sure to mire the agency in the muck of litigation for a long, long time.

And sixth, the American people are being misled about what is in President Obama’s plan to regulate the Internet. The rollout earlier in the week was obviously intended to downplay the plan’s massive intrusion into the Internet economy. Beginning next week, I look forward to sharing with the public key aspects of what this plan will actually do.

[...]

...The commissioners can see the plan before they cast their votes. But the rest of us can’t. Lobbyists will likely be able to discover key details affecting their clients, and some details will leak out in the press. But the full text of the plan won’t be made public at all before the vote....

More information at Hot Air.

An Orwellian noose is tightening.

Is there any way to prevent this?

Senator Jim DeMint Calls For Repeal Of FCC's Internet Takeover

Only so much rhetoric or a vow the senator can keep?

From this source, quoting Senator DeMint:

“The Obama Administration has ignored evidence that this federal takeover will hang a millstone of regulatory and legal uncertainty around the neck of a vibrant sector of our economy.

"Proceeding on its own liberal whims rather than facts, this FCC has chosen to grant itself broad authority to limit how businesses can bring the internet to consumers in faster and more innovative ways.

“Americans loudly demanded a more limited federal government this November, but the Obama Administration has dedicated itself to expanding centralized government planning. Today, unelected bureaucrats rammed through an internet takeover, even after Congress and courts warned them not to.

“To keep the internet economy thriving, this decision must be reversed. Regulatory reform will be a top priority for Republicans in the next Congress, and I intend to prevent the FCC or any government agency from unilaterally burdening our recovering economy with baseless regulation.

"In order to provide the stability businesses need to grow, I will work with my fellow senators to see passage of my FCC Act, which would ensure that the FCC can only use its rulemaking powers where there is clear evidence of a harmful market failure, as well as the REINS Act, which would add the accountability of a Congressional vote before any government agency’s proposed major regulations may be finalized.

Senator DeMint referred to the FCC as "Fabricating a Crisis Commission."

The closing statement of the article reads as follows:

Former CBS News president Fred Friendly's landmark book, "The Good Guys, the Bad Guys and the First Amendment," describes in great detail how the Kennedy and Johnson administrations used the FCC to silence conservative critics.

Read about Fred W. Friendly HERE at Wikipedia.

Wall Street Journal:

The FCC's Threat to Internet Freedom
'Net neutrality' sounds nice, but the Web is working fine now. The new rules will inhibit investment, deter innovation and create a billable-hours bonanza for lawyers.

By ROBERT M. MCDOWELL
Tomorrow morning the Federal Communications Commission (FCC) will mark the winter solstice by taking an unprecedented step to expand government's reach into the Internet by attempting to regulate its inner workings. In doing so, the agency will circumvent Congress and disregard a recent court ruling.

How did the FCC get here?

For years, proponents of so-called "net neutrality" have been calling for strong regulation of broadband "on-ramps" to the Internet, like those provided by your local cable or phone companies. Rules are needed, the argument goes, to ensure that the Internet remains open and free, and to discourage broadband providers from thwarting consumer demand. That sounds good if you say it fast.

Nothing is broken and needs fixing, however. The Internet has been open and freedom-enhancing since it was spun off from a government research project in the early 1990s. Its nature as a diffuse and dynamic global network of networks defies top-down authority. Ample laws to protect consumers already exist. Furthermore, the Obama Justice Department and the European Commission both decided this year that net-neutrality regulation was unnecessary and might deter investment in next-generation Internet technology and infrastructure.

Analysts and broadband companies of all sizes have told the FCC that new rules are likely to have the perverse effect of inhibiting capital investment, deterring innovation, raising operating costs, and ultimately increasing consumer prices. Others maintain that the new rules will kill jobs. By moving forward with Internet rules anyway, the FCC is not living up to its promise of being "data driven" in its pursuit of mandates—i.e., listening to the needs of the market.

It wasn't long ago that bipartisan and international consensus centered on insulating the Internet from regulation. This policy was a bright hallmark of the Clinton administration, which oversaw the Internet's privatization. Over time, however, the call for more Internet regulation became imbedded into a 2008 presidential campaign promise by then-Sen. Barack Obama. So here we are.

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David Klein
.Last year, FCC Chairman Julius Genachowski started to fulfill this promise by proposing rules using a legal theory from an earlier commission decision (from which I had dissented in 2008) that was under court review. So confident were they in their case, FCC lawyers told the federal court of appeals in Washington, D.C., that their theory gave the agency the authority to regulate broadband rates, even though Congress has never given the FCC the power to regulate the Internet. FCC leaders seemed caught off guard by the extent of the court's April 6 rebuke of the commission's regulatory overreach.

In May, the FCC leadership floated the idea of deeming complex and dynamic Internet services equivalent to old-fashioned monopoly phone services, thereby triggering price-and-terms regulations that originated in the 1880s. The announcement produced what has become a rare event in Washington: A large, bipartisan majority of Congress agreeing on something. More than 300 members of Congress, including 86 Democrats, contacted the FCC to implore it to stop pursuing Internet regulation and to defer to Capitol Hill.

Facing a powerful congressional backlash, the FCC temporarily changed tack and convened negotiations over the summer with a select group of industry representatives and proponents of Internet regulation. Curiously, the commission abruptly dissolved the talks after Google and Verizon, former Internet-policy rivals, announced their own side agreement for a legislative blueprint. Yes, the effort to reach consensus was derailed by . . . consensus.

After a long August silence, it appeared that the FCC would defer to Congress after all. Agency officials began working with House Energy and Commerce Committee Chairman Henry Waxman on a draft bill codifying network management rules. No Republican members endorsed the measure. Later, proponents abandoned the congressional effort to regulate the Net.

Still feeling quixotic pressure to fight an imaginary problem, the FCC leadership this fall pushed a small group of hand-picked industry players toward a "choice" between a bad option (broad regulation already struck down in April by the D.C. federal appeals court) or a worse option (phone monopoly-style regulation). Experiencing more coercion than consensus or compromise, a smaller industry group on Dec. 1 gave qualified support for the bad option. The FCC's action will spark a billable-hours bonanza as lawyers litigate the meaning of "reasonable" network management for years to come. How's that for regulatory certainty?

To date, the FCC hasn't ruled out increasing its power further by using the phone monopoly laws, directly or indirectly regulating rates someday, or expanding its reach deeper into mobile broadband services. The most expansive regulatory regimes frequently started out modest and innocuous before incrementally growing into heavy-handed behemoths.

On this winter solstice, we will witness jaw-dropping interventionist chutzpah as the FCC bypasses branches of our government in the dogged pursuit of needless and harmful regulation. The darkest day of the year may end up marking the beginning of a long winter's night for Internet freedom.

Mr. McDowell is a Republican commissioner of the Federal Communications Commission.

FCC Wants to Test the “Public Value” of Every Broadcast Station

From Weasel Zippers:

(CNSNews.com) – American journalism is in “grave peril,” FCC Commissioner Michael Copps says, and to bolster “traditional media,” he said the Federal Communications Commission should conduct a “public value test” of every commercial broadcast station at relicensing time.

In a speech at the Columbia University School of Journalism in New York on Thursday, Copps also said station relicensing should happen every four years instead of the current eight.

“If a station passes the Public Value Test, it of course keeps the license it has earned to use the people’s airwaves,” Copps said. “If not, it goes on probation for a year, renewable for an additional year if it demonstrates measurable progress. If the station fails again, give the license to someone who will use it to serve the public interest.”

Ever since Barack Obama became president, prominent conservatives have warned about liberal efforts to squelch conservative and Christian talk-radio.

Obama’s FCC Commissioner: Free Internet A Civil Right For “Every Nappy-Headed Child”

“I can’t think of a more significant overarching civil rights issue than this….that every nappy headed child have the ability to connect worldwide”