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Cruz looking to blunt FCC authority
The Hill ^ | 05/13/14 08:11 PM EDT | Julian Hattem

Posted on 05/14/2014 7:43:26 AM PDT by SoConPubbie

Sen. Ted Cruz (R-Texas) is looking to strip the Federal Communications Commission of its ability to write new net neutrality rules.

The senator is currently circulating draft legislation that would undercut the commission’s legal authority to write new regulations governing the way that Internet service providers treat different streams of traffic online.

Cruz “has serious concerns about the course the FCC is pursuing on net neutrality and on the questionable authority on which it’s relying,” spokeswoman Catherine Frazier said in an email to The Hill. “He is exploring legislative options to preserve the freedom of the Internet to remain an engine for jobs, growth and opportunity, and we have been in touch with other offices to that end.”

A federal appeals court earlier this year ruled that the FCC’s existing net neutrality rules were not justified under current law. At the same time, the court opened the door for the commission to write new rules under Section 706 of the Telecommunications Act, which gives it the power to encourage and regulate broadband infrastructure.

A draft version of Cruz’s bill obtained by The Hill would eliminate from current law provisions that allow the FCC to “promote competition in the local telecommunications market” and remove “barriers to infrastructure investment...”

Instead, the law would be changed to focus on “pursuing regulatory forbearance.”

The effort comes as the FCC is considering a controversial proposal that would ensure Internet service providers allow a baseline level of access to all websites but also permit deals with certain companies to boost their users’ Web speeds.

The proposal from FCC Chairman Tom Wheeler has come under fire from lawmakers and critics on both sides of the aisle. While Democrats have worried that it would create a “two-tiered” Internet with different levels of service, Republicans object to the notion of government intrusion on the Web.  

On Tuesday evening, Sens. Dean Heller (R-Nev.) and Ron Johnson (R-Wis.) said that Congress, not the FCC, should take the lead on regulating the Net.

“The FCC should respect its regulatory limits and Congress should do its job to address these concerns,” the two said in a joint statement. “In the meantime, any policy adopted by the FCC should continue to respect the ‘light touch’ regime that has led to industry investment and a thriving Internet ecosystem.”

In addition to the Section 706 authority, Wheeler is also considering reclassifying the Internet so that it could be regulated like a telephone company.

Reclassifying broadband service would be a radical step and congressional Republicans on Tuesday sent letters warning the commission not to go that far.

Senate Minority Leader Mitch McConnell (R-Ky.) and other GOP Senate leaders told Wheeler in a letter that reclassifying broadband Internet would “create tremendous legal and marketplace uncertainty and would undermine your ability to effectively lead the FCC.”

Republican leaders of the House Energy and Commerce Committee issued a similar warning in a separate letter. 


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: cruz; fcc; isp; netneutrality; tedcruz

"If we must have an enemy at the head of Government, let it be one whom we can oppose, and for whom we are not responsible, who will not involve our party in the disgrace of his foolish and bad measures." - Alexander Hamilton

 

"We don't intend to turn the Republican Party over to the traitors in the battle just ended. We will have no more of those candidates who are pledged to the same goals as our opposition and who seek our support. Turning the Party over to the so-called moderates wouldn’t make any sense at all." -- President Ronald Reagan

 

"A thing moderately good is not so good as it ought to be. Moderation in temper is always a virtue; but moderation in principle is always a vice." - Thomas Paine 1792

 

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." - Samuel Adams

 

"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen." - Samuel Adams

 


1 posted on 05/14/2014 7:43:26 AM PDT by SoConPubbie
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To: SoConPubbie; tpmintx; TheErnFormerlyKnownAsBig; Caipirabob; Clump; ColdOne; Monterrosa-24; ...
Ted Cruz Ping!

If you want on/off this ping list, please let me know.

Please beware, this is a high-volume ping list!
2 posted on 05/14/2014 7:43:54 AM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: SoConPubbie
reclassifying the Internet ???

Oh SUre that makes sense!!!

forward into the brave new stupid world!




3 posted on 05/14/2014 7:48:48 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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“Courage is fear holding on a minute longer.”

~ General George S. Patton



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4 posted on 05/14/2014 7:51:49 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: SoConPubbie

Keep at ‘em, Sen Cruz!!


5 posted on 05/14/2014 7:56:52 AM PDT by Jane Long (While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
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To: MeshugeMikey

6 posted on 05/14/2014 7:57:03 AM PDT by mylife
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To: SoConPubbie

Well...but rand Paul will not approve. It’s not ‘courting the liberal voters’ they should be hoping for


7 posted on 05/14/2014 7:57:47 AM PDT by stanne
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To: SoConPubbie
On Tuesday evening, Sens. Dean Heller (R-Nev.) and Ron Johnson (R-Wis.) said that Congress, not the FCC, should take the lead on regulating the Net.

how about neither should take the lead in regulating the NET...

8 posted on 05/14/2014 7:59:12 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: SoConPubbie

Absurd.

This was actually turning into one of those few bipartisan agreements. That idiot Dim on the FCC wanted to turn the Net over to corporations?? Seriously? That will devastate small sites like this one.

Cruz is dead wrong on this one. Absolutely 100% wrong. Net neutrality is a conservative principle. Chopping it up and letting others ravage it is a Dim one.


9 posted on 05/14/2014 8:06:48 AM PDT by RIghtwardHo
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To: 2nd amendment mama

Ping!


10 posted on 05/14/2014 8:09:27 AM PDT by basil (2ASisters.org)
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To: RIghtwardHo

The success of the ‘net can be traced to the fact that no one needed permission to offer new products or techniques.


11 posted on 05/14/2014 8:10:16 AM PDT by Eric in the Ozarks (Rip it out by the roots.)
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To: RIghtwardHo

I realize you have expertise

That said, Cruz’ intent would certainly be to preserve the Internet and radio for use by conservatives. It’s what he does


12 posted on 05/14/2014 8:23:14 AM PDT by stanne
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To: SoConPubbie
Reclassifying broadband service would be a radical step and congressional Republicans on Tuesday sent letters warning the commission not to go that far.

I bet Obie and his FCC are quaking in their boots. I know I would be based on past harsh action coming from the opposition GOP. /s
13 posted on 05/14/2014 8:34:07 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: SoConPubbie

Thank you, Senator Cruz!


14 posted on 05/14/2014 8:41:25 AM PDT by TBP (Obama lies, Granny dies.)
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To: MeshugeMikey

LOL! Love that!


15 posted on 05/14/2014 8:43:10 AM PDT by LUV W (All my heroes wear camos! Thank you David, Michael, Chris Txradioguy, JJ, CMS, & ALL Vets, too!l)
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To: LUV W

Thank you!!! Im certain that Barry will be ever so pleased with this Tribute!


16 posted on 05/14/2014 8:51:44 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: SoConPubbie

Ted Cruz really needs to be president.


17 posted on 05/14/2014 9:02:14 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: RIghtwardHo
Opposing net neutrality just means that the current monopoly providers (ATT, ComCast, Verizon) will simply charge everyone more for services you already get (like streaming video) that are included in the price you already pay.

In other words, without net neutrality, you get to pay more for worse service.

As far as I can tell, there is a bidding war between the Dems and the GOP over which party will get the biggger payoff so the rest of us can get the shaft.

18 posted on 05/14/2014 9:04:20 AM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: pierrem15

Cruz has never shown any indication of desiring a sleazy raking in of money

Nor working with GOPe on anything, and certainly not some joint monopoly takeover

Are you posting to the correct news forum?

I believe your audience are the libs, that would be, GOPe and dems. People who need anti conservative talk


19 posted on 05/14/2014 9:22:20 AM PDT by stanne
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To: SoConPubbie

The rats are always just one step away from taking a step too far.


20 posted on 05/14/2014 9:40:23 AM PDT by JPG (Yes We Can morphs into Make It Hurt.)
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To: stanne

I like Cruz— I just think he’s wrong on this issue.


21 posted on 05/14/2014 12:35:14 PM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: pierrem15

Whatever


22 posted on 05/14/2014 12:44:47 PM PDT by stanne
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To: SoConPubbie; All
Thank you for referencing that article SoConPubbie. Please bear in mind that the following critique is directed at the article and not at you.

Regarding federal government regulation of the Internet, the states cannot get the corrupt federal government's big nose out of the Internet without amending Constitution because of the Constitution's Commerce Clause, Clause 3 of Section 8 of Article I.

But what we're probably not going to hear from Harvard Law School-indectrinated Ted Cruz or Obama guard dog Fx News about the FCC and other federal fegulatory agencies is the following. The FCC is described as a so-called "independent federal regulatory agency." The problem with such agencies is that they cannot exist under the Constitution imo.

More specifically, the Founding States had made the first numbered clause in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative / regulatory powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected government bureaucrats like those running the FCC. In other words, Congress has a constitutional monopoly on federal legislative powers whether it wants it or not.

So when corrupt, Constitution-ignoring Congress establishes independent federal regulatory agencies, it is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the statutes referenced above imo.

23 posted on 05/17/2014 12:51:36 PM PDT by Amendment10
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