I once met Representative Roscoe Bartlett, Republican of Maryland, in 2002 during the state Republican convention. The subject of the U.S. Constitution came up. That’s when Mr. Bartlett informed us that he always walked with a copy of the document for quick reference.
I wish some of my net neutrality friends would do the same. Arguing that the Federal Communications Commission can just go and reclassify broadband access as Title II without the authority of Congress is political suicide. In addition, it’s administrative waste.
Two things would come from such a move. First, the FCC’s decision to reclassify would be reversed. The FCC would be required to show, pursuant to Comcast v. FCC, that there was some change in how consumers view Internet access. In other words, do consumers view Internet access as more than just an information service? Do consumers still separate telecommunications from the provision of e-mail? If yes, the Congress and the courts will reverse the FCC.
Second, the FCC will look ridiculous. The credibility they need for other areas such as merger review, universal service reform, and inter-carrier compensation reform will be damaged. Their brazenness will make them a laughing stock on K Street, Wall Street, and Main Street. Bourbon Street may be the only place they’ll have as a legitimate home if they pursued the ill-advised course of reclassification without congressional authorization.
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