[grc] [KPFA-watch] Trade group sues FCC on Net Neutrality

Thu Mar 26 11:13:45 PDT 2015

Thanks for this Tracy.

Heather Gray
WRFG-Atlanta 89.3FM
404 234 4630 (cell)

On 3/26/15 1:46 PM, "Tracy Rosenberg" <tracyrose at gmail.com> wrote:

>True and by all means people should be vigilant and supportive. But I want
>to be clear. The lawsuits were totally expected. The FCC by reclassifying
>to Title 2 is on A LOT firmer legal ground than they have ever been before
>in open Internet proceedings. The best telecom lawyers I know are
>confident
>the FCC will win.
>
>It is appropriate to keep up public pressure especially around Congress to
>leave the FCC alone (Republicans are trying to defund the agency right
>now)
>and help influence the courts.
>
>But the sky is not falling and everyone knew Title 2 would have to be
>defended after it was passed.
>
>I actually remember Tom Wheeler saying in a meeting "if we reclassify, the
>FCC will be in court for the next decade".
>
>We said, "Yep. But you gotta do it anyway. There is no other way to
>protect
>the Internet".
>
>Thank God, he did.
>
>Cheers,
>
>Tracy
>
>
>
>On Thu, Mar 26, 2015 at 10:26 AM, juice at whidbey.com [kpfa-watch] <
>kpfa-watch at yahoogroups.com> wrote:
>
>>
>>
>> If net neutrality goes down community radio will suffer on many fronts
>>to
>> include news gathering and distribution and less reliable and more
>> expensive STL (studio to transmitter link) connections etc.
>> Tom.
>>
>>
>> 
>>http://www.rcrwireless.com/20150326/carriers/verizon-att-backed-trade-gro
>>up-sues-feds
>>
>> Verizon, AT&T, Century Link and other members want net neutrality review
>>
>> The US Telecom Association, which counts carriers Verizon
>>Communications,
>> AT&T, Alaska Communications and many others as members, on March 23
>>asked a
>> federal appeals court for a review of the Federal Communication
>> Commission's recent order regarding net neutrality.
>>
>> In February, the FCC voted to bring fixed, mobile and broadband Internet
>> access under Title II regulations that consider, among many other
>>rules, no
>> website blocking or charging more for so-called "fast lanes."
>>
>> The US Telecom Association is asking the U.S. Court of Appeals District
>>of
>> Columbia Circuit to review the FCC's order, which the trade group calls
>> "arbitrary, capricious, and an abuse of discretion ..."
>>
>> The filing
>> 
>><http://www.ustelecom.org/sites/default/files/documents/2015%2003%2023%20
>>USTelecom%20Petition%20for%20Review%20%28No%20%2015-1063%29.pdf>
>> alleges that the FCC's newly adopted posture stands in violation of the
>> Constitution, the Communications Act of 1934 and previously authorized
>> regulations.
>>
>> The lawsuit, and a similar suit from small Texas operator Alamo
>>Broadband,
>> isn't really a surprise; AT&T has singularly signaled a lawsuit as has
>> Comcast and others.
>>
>> The US Telecom Association also forecasted legal action with a Feb. 26
>> statement from President Walter McCormick.
>>
>> "Today's action by the FCC is the wrong path for achieving broadband
>> deployment in all parts of the United States," McCormick said. "It
>> redefines the Internet, inserts the federal government deeply into its
>> management and invites other countries to do the same.
>>
>> "In reversing longstanding bipartisan precedent, and imposing public
>> utility regulation on the most dynamic sector of our nation's economy,
>>the
>> FCC is adopting policies that were not designed - nor ever intended -
>>for
>> the Internet."
>>
>> Prior to the filing, McCormick said his group "will now turn to the
>>courts
>> for review, and given the broad consensus that exists on the underlying
>> objectives, will look forward to working with the Congress on a
>>bipartisan
>> basis to advance legislation."
>>
>> Similarly, AT&T signaled its opposition - and attendant legal posture -
>>by
>> way of two letters to the FCC from Hank Hultquist, VP federal
>>regulatory.
>>
>> "The FCC cannot mandate that a service be offered on a common carrier
>> basis without, at a minimum, a finding that a particular provider has
>> market power in a particular geographic market," Hulquist wrote in a
>>blog
>> post <http://www.attpublicpolicy.com/fcc/title-ii-closing-arguments/>
>> regarding the letters.
>>
>> "Needless to say the FCC has engaged in no analysis of market power on a
>> geographic market basis. Accordingly, this option is simply not
>>available
>> to the FCC."
>>
>>  __._,_.___
>>   ------------------------------
>> Posted by: juice at whidbey.com
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>>  __,_._,___
>>
>
>
>
>-- 
>Tracy Rosenberg
>Executive Director
>Media Alliance
>1904 Franklin Street # 818
>Oakland CA 94612
>www.media-alliance.org
>510-832-9000 x303
>510-684-6853 Cell
>tracy at media-alliance.org
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