Comcast has also published a truly excellent filing exploding -- once again -- the falsehoods which Free Press has promugated about its network management practices. That one's at
and is probably the best thing it's written to date. (It's a shame that Comcast is finally waking up and making good filings only at the last minute.)
Brett Glass
· 1 year ago
By the way, here's another jurisdictional point that hasn't come up yet and might deserve a separate heading in this blog. Suppose that Congress makes a policy statement (and includes it in a law), and then the FCC makes a policy statement. Which one takes precedence? Why, the one drafted by Congress, of course.
Well, it turns out that Congress did make a broadband policy statement when it passed the Telecommunications Act of 1996. It's at 47 USC 230(b), and it says:
It is the policy of the United States—
(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) 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;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
It seems to me that this policy statement by Congress -- which, unlike FCC Chairman Michael Powell's, was not explicitly declared to be "nonbinding" -- trumps any contrary policy statement made by the FCC.
Richard Bennett
· 1 year ago
Where do you see conflict between this policy statement and Powell's? It seems to me they can be harmonized for the most part.
Brett Glass
· 1 year ago
The statutory policy ays that the market for broadband services should be "unfettered by Federal and State regulation." Powell's policy statement (though it is nonbinding) would regulate ISPs' terms of service and thus contradicts the statute.
All Comments
http://tinyurl.com/6y83yn
Comcast has also published a truly excellent filing exploding -- once again -- the falsehoods which Free Press has promugated about its network management practices. That one's at
http://tinyurl.com/695arh
and is probably the best thing it's written to date. (It's a shame that Comcast is finally waking up and making good filings only at the last minute.)
Well, it turns out that Congress did make a broadband policy statement when it passed the Telecommunications Act of 1996. It's at 47 USC 230(b), and it says:
It is the policy of the United States—
(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) 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;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
It seems to me that this policy statement by Congress -- which, unlike FCC Chairman Michael Powell's, was not explicitly declared to be "nonbinding" -- trumps any contrary policy statement made by the FCC.