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hobotrashcanfires
Jul 24, 2013

Kalman posted:

Read the DC Circuit decision - they basically said that the existing anti blocking rule was fine in substance but the FCC hadn't properly justified it until they were already in court. So, it's technically been struck down but there's basically zero chance the FCC won't reinstate it with the NPRM.

People really misunderstood the DC Circuit decision. They think Verizon won. It was a Pyrrhic victory at best.

Edit: basics of administrative rule making procedures 101.

1) Agency issues an NPRM. NPRM must contain the text or the substance of the proposed rule. If they don't contain enough substance for people to effectively comment on it, final rule can be struck down.

2) Comment period. Public comments.

3) Review period. Agency reviews comments. Agency decides what the final rule should look like (or puts out a new NPRM for further comment.)

4) Final Rule issues. Contains the rule as well as responses to the comments received.

At the May meeting, the FCC will meet to discuss issuing an open Internet NPRM. That means the final text for even the proposed rule won't be set until then, and any approved text is a long way away.

There's a reason people misunderstand that ruling, though. All too often what's in the interest of the citizenry gets trampled by the interests of industry. The FCC is certainly no stranger to that. You seem to have some awfully optimistic expectations on what the future holds here, which I'm not sure history bears out. There's been a bit of a hyperbolic reaction to the ruling, but it's understandable. At the very least that reaction forces more attention on the issue. I'd be curious to hear if you know more about how the FCC had not properly justified the rule -- though you'd think Ajit Pai, FCC Commissioner and former Associate General Counsel for Verizon, might've been better prepared.

When Tom Wheeler, former CEO of the Cellular Telecommunications & Internet Association and former President of National Cable Television Association (NCTA) is Chairman of the FCC, it calls a lot into question. Which of the current commissioners will go on to enjoy well-paid jobs in the industries they were supposed to regulate, afterwards? All too often the members of these regulating bodies make decisions which seem to do more for their bank accounts after they move on, than public interest. There's plenty of reason to be highly skeptical.

That said, it's certainly important to watch as it play out. Everyone should definitely comment when that opens up; if they care enough be reading about it.

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hobotrashcanfires
Jul 24, 2013

Kalman posted:

Yeah, I had the same reaction to the Hackaday story "yes, good, good explanation... Oh god why."

In other interesting net neutrality news, Wheeler is apparently announcing that the FCC plans to open an Internet interconnection proceeding separately from the net neutrality proceeding. In other words, the FCC recognizes that peering is a thing they want to look at and is planning to look at it. This comes on the heels of him suggesting the FCC would look into and potentially override state laws discouraging municipal broadband systems.

(But Wheeler is still a hack owned by the ISPs, right?)

If you want to pretend that the public and business outcry wasn't a factor, I guess that's your prerogative.

People have every right to view Wheeler and the FCC with a wary eye. If you want to pretend that when they faced likely the greatest amount of public pressure (and likely a fair bit more congressional pressure) than they're used to..I guess you can feel free to disparage people's distrust, but it seems more than a little disingenuous.

In any case it's a reassuring example of regular folks showing they've still got their own bit of lobbying power.

hobotrashcanfires
Jul 24, 2013

Kalman posted:

Their distrust is based in a complete lack of understanding of Wheeler's actual history and record on issues, so yes, I disparage it. Go read the rest of this thread where I explain exactly why "he lobbied for the cable industry and the wireless industry!!!!" is an incredibly misleading description.

It's certainly possible that some of the trepidation over Wheeler is overblown, but acting as though it's completely unwarranted is a bit unreasonable as well. Should we pretend that public interest more often than not takes a backseat to business interests, and that the FCC is by no means an exception to that? Why does it seem that the main qualification to lead a major regulatory body is raising a hefty sack of cash for a Presidential campaign?

You've made a decent argument in his defense, you've convinced me somewhat in his regard. Yet you've still got a terribly long way to go to convince skeptics that the FCC doesn't heavily favor the big players in business over public interest more often than not. Holding up Wheeler's recent announcement as some sort of vindication without mentioning how they were absolutely flooded with complaints and negative comments is much more misleading than people having justifiable concerns about someone's past as an industry insider and lobbyist, even if they may be somewhat misguided.

hobotrashcanfires
Jul 24, 2013

Kalman posted:

I was mostly talking about the muni broadband piece when I made sarcastic remarks about people's views on Wheeler. That's not something that's blown up in the news recently and there's not any real political advantage to him pushing it (other than doing the right thing.)

On the other hand, the institution of an interconnect proceeding absolutely was influenced by public comment (though not the emails and complaints - Netflix has an extremely heavy and fairly effective lobbying practice and they were almost certainly a driving force on that one, while most of the rest of the industry is probably generally supportive. End user ISPs are the only ones who might not want a peering proceeding and even they probably aren't heavily against having one, since it will give them an opportunity to try and get certain favorable practices blessed with regulatory approval.

Yeah, his muni broadband comments really should get more play, and it is somewhat reassuring that he's come out in favor of it. It's ridiculous how successfully ISP's have fought it.

Also, yeah, wasn't attempting to minimize industry proponents such as Netflix, Google, etc, either, though I'd wager both public and private pressures played their part..it's more than likely one had a greater impact than the other. Though it is getting tiresome when it comes down to who has the better army of lobbyists. You end up with a business model like Comcast's..Happy customers? Hah, no. Local monopolies and the most and best lobbyists.

hobotrashcanfires
Jul 24, 2013

Pussy Cartel posted:

Let's see those libertarian tears, too, while we're at it. Can't let the government impede the free market's right to form monopolies: http://reason.com/blog/2015/02/26/the-fcc-just-voted-to-regulate-the-inter

:qq:

I had to check if it was indeed a "fear-reaching step" that was taken..of course it was. I'm going to go cower now at the thought of regulations upon our glorious and beloved ISP's.

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