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An Open Letter to the FCC

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Re: An Open Letter to the FCC

#5
It's been really interesting to see the interplay between State Attorneys General and the federal executive branch over the past decade. I don't know enough legal history to know if this contention is new or has always happened. But the contrast between what happened with regulation of carbon and coal is fairly striking. The federal judicial brach said that it had to be regulated in order to meet the laws that the legislative branch had passed, executive branch followed through with regulations based on science and input from stakes holders. We ended up with regulations on coal plants that are weaker than Chinese restrictions on their own plants. State AGs revolted, to little effect.

In the last year, regulatory decisions at the FCC, EPA, and DOE are being made by fiat, without any of the typical study and justification that typically goes into them. In particular, DOE suggestions to FERC have been denounced by nearly everybody in the energy industry, by nearly every interested outsider, and in a bipartisan fashion from lots of prior FERC commissioners. The general whims of a single person are taking precedence over having market principles, or really any other principle at all. The only parties in favor of the regulations at all are those who directly benefit by guaranteed payments, and they only justify their favor of the regulations through a massive and legally questionable expansion of regulatory power of the regulatory agency, something that these particular partisans are usually against.

With the FCC, we see something similar, an impulse to make regulations without much reasoning behind those regulations except that they favor a small group.

This type of regulation, where particular parties are favored, rather than particular principles, is madness.

Re: An Open Letter to the FCC

#6
Schneiderman is doing far more for net neutrality with his Spectrum lawsuit than the FCC has done (even pre-Pai, the FCC did nothing about peering extortion for example). But this stuff about fake comments seems to be nothing more than procedural bikeshedding since the FCC ignored all the comments anyway.

Re: An Open Letter to the FCC

#7
The revocation of the Net Neutrality rules became a foregone conclusion once Donald Trump was elected. The sad reality is there's not much we, Eric Schneidermann or anyone else can do about it.

There are 5 FCC commissioners but only 3 may be of the same party. Ajit Pai, Brendan Carr and Michael O'Rielly are locks to vote in favor, so it will pass, 3-2.

At this point the best thing people can do is prepare to vote in 2018 and 2020, whether that's registering voters or forming groups to get lazy liberals or independents to vote to send better people to Washington.

One side aspect that I think hasn't been covered: FCC Chairman Ajit Pai is a former Verizon lawyer and probably plans to parley his government experience into a lucrative gig at one of the big telcos once the Republicans are inevitably thrown out of office, so he stands to personally profit from this decision.

As Donald Trump would say, SAD.

Re: An Open Letter to the FCC

#8
More and more we see state agencies standing up to regime change in Washington (ex: CA and environmental regulations). Regardless of your personal politics, I wonder how this dynamic will affect democracy in the US.

Re: An Open Letter to the FCC

#10

The revocation of the Net Neutrality rules became a foregone conclusion once Donald Trump was elected. The sad reality is there's not much we, Eric Schneidermann or anyone else can do about it. There are 5 FCC commissioners but only 3 may be of the same party. Ajit Pai, Brendan Carr and Michael O'Rielly are locks to vote in favor, so it will pass, 3-2. At this point the best thing people can do is prepare to vote in…

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