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FCC Moves to Regulate Internet
CNSNews ^ | June 18, 2010 | Matt Cover

Posted on 06/18/2010 7:43:56 AM PDT by Mr. Mojo

The Federal Communications Commission (FCC) voted on Thursday to begin the formal process of bringing the Internet under greater federal control – a move sought by both President Barack Obama and FCC Chairnman Julius Genachowski--even though federal law calls for an Internet "unfettered by Federal or State regulation."

This step comes after the federal D.C. Circuit Court of Appeals in April rebuked the FCC in its attempt to enforce a controversial regulatory doctrine called Net Neutrality, which would allow the government to prevent private Internet providers from deciding which applications to allow on their networks.

The court said that the FCC did not have the authority to prevent Comcast, specifically, from blocking certain peer-to-peer Web sites.

The FCC is now trying to reclassify the Internet to broaden its authority over the Web. Currently, the FCC only has “ancillary” authority, meaning it can regulate Internet access only in the process of regulating another service that it has direct authority over, such as television or cable.

The 3-2 party-line vote on Thursday at the FCC began the formal process of reclassifying the Internet as a telecommunications service instead of an information service – its current classification. This is necessary because, as an information service, the government has little power to regulate Internet networks.

As a telecommunications service, such as a telephone network, the Internet would fall under a much broader regulatory scope – giving the government the power to enforce universal service requirements, making them pay into a federal universal service fund used to provide communications services to poor areas.

The FCC will now begin the mandatory public comment period, where it will solicit input from private companies and citizens about whether it should reclassify the Internet and, if so, how it should do it.

The Commission has three options for going forward. First, it can decide not to reclassify the Internet at all, continuing to treat it as an information service. Second, the FCC can completely reclassify the Internet as a telecommunications service, granting the Commission broad powers over it. Third, it could seek a middle ground, reclassifying the Internet as a telecom service but exempting Internet providers from most of the regulations associated with other telecommunications services.

This last approach, presented at the hearing as the “third way,” is the preferred avenue of Genachowski, who unveiled the plan in May.

The “third way” approach would still allow the government the authority to heavily regulate the Internet because it would be classified as a telecom service. However, under this approach, the FCC claims it will exercise “forbearance,” a regulatory doctrine whereby the government promises not use its regulatory authority in most cases.

Commissioner Michael Copps, at the FCC, sought to frame the issue in terms of consumer protection, claiming that “consumers find themselves in quite a box” because government, he claimed, had been “all but shorn” of the authority to regulate Internet service.

Copps said he was “worried” about relying purely on the private sector for Internet-based innovation, saying that the problems of such an approach could be seen in the 2008 financial collapse and the recent Gulf of Mexico oil spill.

“We need to reclaim our authority,” Copps said.

FCC seal Robert McDowell, the commission’s longest-serving Republican member, said the commission should preserve the free Internet of today, adding that more Internet freedom would be in the public interest.

“An open and freedom-enhancing Internet is what we have today,” McDowell said.

McDowell also said that reclassifying the Internet was “unnecessary” and that the FCC should wait for Congress to grant it explicit authority over the Web, saying, “We are not Congress.”

In fact, the Telecommunications Act of 1996, which gave the government no explicit authority to regulate Internet service, states: “It is the policy of the United States … to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation.”

When asked whether the FCC’s plans violated this provision, Genachowski said that the “light touch” nature of his third way approach did not violate the Act’s explicit mandate to “preserve” a free and open market.

“We need to have a [regulatory] framework for broadband access that is a light touch framework,” he said. “That is what we had before – and what everyone assumed was the case – before the Comcast decision. To me, a central purpose of this process is to determine what is a framework that is available to us that restores the status quo.”


TOPICS: Business/Economy; Constitution/Conservatism; Front Page News
KEYWORDS: communism; democrats; fcc; internet; liberalfascism; netneutrality; obama; thirdway
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1 posted on 06/18/2010 7:43:56 AM PDT by Mr. Mojo
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To: Mr. Mojo

Scary.


2 posted on 06/18/2010 7:45:07 AM PDT by deadrock (Liberty is a bitch that needs to be bedded on a mattress of cadavers.)
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To: Mr. Mojo

To be struck down by the SCOTUS again and probably held in contempt.


3 posted on 06/18/2010 7:45:29 AM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: DEADROCK

Not surprised.

We all saw this coming from the skinny Mussolini.


4 posted on 06/18/2010 7:46:09 AM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: Mr. Mojo

EVERYTHING this administration does involves more money going into their coffers. Cap and Tax, the BP escrow fund, TARP, this FCC garbage... all of it means more money flowing into the Feds with nothing to show for it in meaningful output.


5 posted on 06/18/2010 7:46:53 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia

its called Rape the Nation


6 posted on 06/18/2010 7:47:39 AM PDT by dalebert
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To: DarthVader

> To be struck down by the SCOTUS again and probably held in contempt.

The SCOTUS is in the process of being stacked by 0 and his merry comrades.

If they delay the case long enough, they’ll have what they need to give them what they want.

But November is coming ....


7 posted on 06/18/2010 7:47:51 AM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: Mr. Mojo

This is a very BAD idea. USA is the new China.


8 posted on 06/18/2010 7:49:12 AM PDT by nagdt ("None of my EX's live in Texas")
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To: Westbrook

So how long before this ‘Mussolini’ is hung upside down?


9 posted on 06/18/2010 7:49:43 AM PDT by yadent
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To: Westbrook

Sterilization is coming in November. The maggots will be cleansed.


10 posted on 06/18/2010 7:51:49 AM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Mr. Mojo

But it is impolite to ask the Marxist usurper to prove his citizenship.


11 posted on 06/18/2010 7:52:00 AM PDT by Nephi (Bush legacy: "I had to sacrifice free market principles to save the free market.")
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To: Mr. Mojo

It’s like the settling of the Old West. We’ll look back one day and recall the days when the internet was a wild and free domain (no pun intended.)


12 posted on 06/18/2010 7:53:03 AM PDT by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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To: Mr. Mojo

Ask doctors, bankers, or auto executives about the Obammy Administrations’ “light touch”


13 posted on 06/18/2010 7:54:19 AM PDT by Thrownatbirth (.....Iraq Invasion fan since '91.)
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To: yadent

Not soon ehough!!


14 posted on 06/18/2010 7:54:24 AM PDT by guardian_of_liberty (We must bind the Government with the Chains of the Constitution...)
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To: guardian_of_liberty

ooops Enough


15 posted on 06/18/2010 7:55:06 AM PDT by guardian_of_liberty (We must bind the Government with the Chains of the Constitution...)
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To: DEADROCK

“Scary”
More Obama power grab from the FTC.

Obama Administration Wants Govt Control of Media
“Jon Leibowitz, the chairman of Obama’s Federal Trade Commission, is at the epicenter of a quiet movement to subsidize news organizations, a first step toward government control of the media.”
“Now Leibowitz has begun to pounce. A May 24 working paper on “reinventing” the media proposes that the government impose fees on websites such as the Drudge Report that link to news websites or that it tax consumer electronics such as iPads, laptops, and Kindles. Funds raised by these levies would be redistributed to traditional media outlets.”


16 posted on 06/18/2010 7:55:18 AM PDT by Rock N Jones
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To: yadent

> So how long before this ‘Mussolini’ is hung upside down?

I suspect his demise will start this November, when he loses at least the House.

Nancy Pelosi will no longer be speaker, and Reid probably will not even be re-elected.

RINOs are being overthrown as well. It is likely that even McCain will be retired.

A lot of the DonkeycRATs who went-along-to-get-along with Zer0 mania have gotten the message, and the smart ones are swinging to the right.

It’s possible that the new Republican House will be more conservative than any House we’ve had for generations.


17 posted on 06/18/2010 7:56:01 AM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: DarthVader
to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation.”

The court will have no problem allowing regulation if it so chooses. They'll define what a "vibrant and free market" is and they'll define what "unfettered" means. Rather than interpret the words in absolute terms, they will presume the words can be qualified (by themselves), and will invent "tests" to determine whether a law meets their invented standard for vibrancy, freedom, and unfetteredness.

18 posted on 06/18/2010 7:56:37 AM PDT by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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To: Mr. Mojo

Must we become like Chona? Soon we will have no 1st amendment rights. I pish on their shadows and curse the FCC and Barry Soetoro.


19 posted on 06/18/2010 7:56:45 AM PDT by Candor7 (Obama .......yes.......is a fascist... ...He meets every diagnostic of history)
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To: Mr. Mojo
"We need to reclaim our authority"


20 posted on 06/18/2010 7:57:03 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Mr. Mojo

The republicans in congress have to do everything in their power to ban funding for the FCC as long as they(FCC)think they have the authority to control the Internet.

Congress controls their purse strings let’s see how far they get without funding.


21 posted on 06/18/2010 7:58:21 AM PDT by puppypusher
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To: Nephi

“But it is impolite to ask the Marxist usurper to prove his citizenship.”

it’s more than impolite. It’s evil, racist, hateful, bigoted, intolerant, and virtually terroristic......did’t you know that?....


22 posted on 06/18/2010 7:58:34 AM PDT by DeoVindiceSicSemperTyrannis
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To: Huck

This was struck down not to long ago under the name of “Net Neutrality” not likely a go again. Same crap in a different wrapper.


23 posted on 06/18/2010 8:00:17 AM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Mr. Mojo

24 posted on 06/18/2010 8:00:34 AM PDT by SUSSA
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To: Mr. Mojo

Bring it on.

May as well get this on the agenda, so it can join the rest of the progressive liberals fantasy ideas on the slag-heap of history.


25 posted on 06/18/2010 8:00:56 AM PDT by bigbob
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To: Mr. Mojo

Words cannot convey how much I despise this administration.


26 posted on 06/18/2010 8:01:36 AM PDT by Allegra (Pablo is very wily.)
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To: Westbrook
But November is coming ....

Yes indeed, November is Coming! And the smell of scorched earth to follow.

27 posted on 06/18/2010 8:02:41 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Mr. Mojo

C’mon November! (Hopefully the beginning of the end for every good-statist/bad-statist. If not, have contingency plans made.)


28 posted on 06/18/2010 8:04:00 AM PDT by PGalt
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To: Mr. Mojo

The excuse for airwaves being public, was that they were finite and subject to interefere with each other. The ONLY reason for regulating the net is to regulate the exchange of information.

Our right to freely communicate with each other over a private infrastructure is as important as the right to bear arms.

Our ability to quickly expose them, inform each other, and organize *terrifies* the revolutionaries who have seized our government. If they regulate the net, it is the same as confiscating guns,,, and all resistance becomes justified.

November is coming,,, they are frightened of us. They know our ability to organize must be stopped as quickly as they can do it.


29 posted on 06/18/2010 8:06:41 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Allegra
“Words cannot convey how much I despise this administration.”

Same here. But if I did verbalize how I feel I'd have the FBI knocking on my door!

30 posted on 06/18/2010 8:07:07 AM PDT by proudofthesouth (Those that are capable - do (Reagan). Those that are incapable - become community organizers (Obama))
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To: Allegra

Agree with you there. If I said what I really feel, there’d be a knock on my door.


31 posted on 06/18/2010 8:08:11 AM PDT by SueRae
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To: Mr. Mojo
The court said that the FCC did not have the authority to prevent Comcast, specifically, from blocking certain peer-to-peer Web sites.

 

Screw Comcast.

Verizon is my phone and DSL provider . I  also have family that lives overseas. I can call Brazil on my land line for 1.59 a minute or I can use Google Voice for .04 cents a minute. Guess which one I use and guess which one Verizon is going to start blocking.

32 posted on 06/18/2010 8:08:18 AM PDT by grjr21
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To: Mr. Mojo

“the FCC claims it will exercise “forbearance,” a regulatory doctrine whereby the government promises not use its regulatory authority in most cases. “

Yea... right. I don’t believe this for an instant.


33 posted on 06/18/2010 8:11:03 AM PDT by Danae (If Liberals were only moderately insane, they would be tollerable. Alas, such is not the case.)
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To: Mr. Mojo
Start brushing up on your goose step, folks 'cause it's coming already here.
34 posted on 06/18/2010 8:15:37 AM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: Westbrook
But November is coming ....

Do you really think there will still be a November?

35 posted on 06/18/2010 8:16:49 AM PDT by bgill (how could a young man born here in Kenya, who is not even a native American, become the POTUS)
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To: proudofthesouth

“Same here. But if I did verbalize how I feel I’d have the FBI knocking on my door!”

That you even have to *think that* is proof that over the last 2 decades we have been headed into a totalitarian government. Obama is the final grab to consolidate. A government that makes a citizen afraid to say what he thinks is very close to triggering the “right and duty to abolish it” language in the declaration of independence.


36 posted on 06/18/2010 8:17:58 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Mr. Mojo

Will be tied up in the courts for YEARS.


37 posted on 06/18/2010 8:26:48 AM PDT by Biggirl (Pray for the people and animals affected in the Gulf of Mexico by oilspill. =^..^=)
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To: Mr. Mojo

The seeds of a new civil war or revolution in the making.


38 posted on 06/18/2010 8:27:42 AM PDT by Biggirl (Pray for the people and animals affected in the Gulf of Mexico by oilspill. =^..^=)
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To: Westbrook
Nancy Pelosi will no longer be speaker, and Reid probably will not even be re-elected.


39 posted on 06/18/2010 8:32:57 AM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: DarthVader

In federal appeals court.


40 posted on 06/18/2010 8:33:13 AM PDT by Huck (Q: How can you tell a party is in the majority? A: They're complaining about the fillibuster.)
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To: Mr. Mojo

Everything the commie/RATS come up with smacks/smells of totaliarnism. beware!!!!!!


41 posted on 06/18/2010 8:38:04 AM PDT by Waco
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To: proudofthesouth; SueRae
But if I did verbalize how I feel I'd have the FBI knocking on my door!

Same here. And knocking on my door would require some logistical effort. ;-)

42 posted on 06/18/2010 9:12:30 AM PDT by Allegra (Pablo is very wily.)
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To: Mr. Mojo

I admit I don’t understand all this crap.

What if these folks go offshore?

FreeDominion changed their server to the Republic of Panama because of Panama’s laws...all secret, which is on par with their banking laws; therefore, FD is no longer being harassed by their government crooks.

Just asking where the problem is. Changing servers to another country (Panama) is not a problem.


43 posted on 06/18/2010 9:56:51 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: Mr. Mojo

Honestly who gives a damn. In Nov this BUM won’t be able to do a damn thing. It will be a bloodbath. They are all going.


44 posted on 06/18/2010 10:02:38 AM PDT by Soothesayer9
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To: Mr. Mojo; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


45 posted on 06/18/2010 10:07:33 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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Comment #46 Removed by Moderator

Ping to #46.


47 posted on 06/18/2010 11:55:39 AM PDT by Liz (If teens can procreate in a Volkswagen, why does a spotted owl need 2000 acres? JD Hayworth)
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To: catnipman; Nachum; Islaminaction; Quix; cripplecreek; eeevil conservative; MestaMachine; ...

Great post

Please ping your lists.


48 posted on 06/18/2010 12:31:57 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spirito Sancto.)
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To: catnipman

ping for later


49 posted on 06/18/2010 12:32:35 PM PDT by WOBBLY BOB (drain the swamp! ( then napalm it and pave it over ))
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To: Mr. Mojo

Kinda funny, that the FCC can give itself greater power over an information/communication service by reclassifying it from information to communication. Shouldn’t Congress, or some other body independent of the FCC, do the classifying, since it is inherently in the FCC’s self-interest to classify various media as communication services?


50 posted on 06/18/2010 12:44:29 PM PDT by Tolerance Sucks Rocks (70 mph shouldn't be a speed limit; it shoud be a mandate!)
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