Rogue FCC Seeks to Regulate the Internet

An April federal district court decision (Comcast)set back the Obama Administration's power grab over Internet regulation. The Federal Communications Commission (FCC) had sought to assert its regulatory muscle through the “net neutrality” doctrine.

A mere federal court decision finding the FCC lacked any legal authority to regulate the Internet will not stand in the way of the FCC. It continues to attempt to assert its jurisdiction over the Internet.

On June 17, 2010, the FCC Commission voted (3-2) to take the first steps in the path to  issuance of broadband regulations. The Notice of Inquiry  (NOI) seeking public comment and cited here is the first step in the federal agency gaining regulatory authority over the Net. FCC Press Release (June 17, 2010)

I am curious about the quoted statement below from the NOI. It states Congress has initiated some new law to give the FCC the authorization it lacked when the federal court rebuffed its earlier attempt to take over the Internet. Here is a quote from their meeting.

Congress has recently reaffirmed the FCC’s limited-but-vital role with respect to broadband; and the Commission has fulfilled Congress’s mandate to develop a National Broadband Plan recommending specific agency actions to encourage deployment and adoption.

FCC Open Commission Meeting – June 17, 2010 As far as I know, Congress has not given the FCC any new authority to regulate. However, in view of the several multi-thousand page bills nobody has time to read, who knows if the Obama Administration and the Democrats sneaked in some kind of FCC Internet regulation provision.

UPDATE
The 1,588-page Federal Stimulus Bill (American Recovery and Reinvestment Act ) apparently contained a directive to the FCC. It was to establish a Commission that would implement a plan for legislation. Rich Boucher's YouTube Statement (3/18/10). Drawing up a plan for legislation is a long way from giving the agency the authorization to regulate the Net.

I also found the FCC Commission Chairman written response to Comcast, which is petulant. Statement of Julius Genachowski (Dem), Chairman, Federal Communications Commission (May 6, 2010).

The two Republicans on the five-person Commission issued a rebuttal warning the Democrat majority's attempt to exert authority was illegal. Here's the rebuttal letter. Joint Statement of Commissioners Robert M. Mcdowell and Meredith A. Baker (May 6, 2010)

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