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FCC Struggles To Convince Judge That Broadband Isn't 'Telecommunications' (arstechnica.com)

A Federal Communications Commission lawyer faced a skeptical panel of judges on Friday as the FCC defended its repeal of net neutrality rules and deregulation of the broadband industry. From a report: FCC General Counsel Thomas Johnson struggled to explain why broadband shouldn't be considered a telecommunications service, and struggled to explain the FCC's failure to protect public safety agencies from Internet providers blocking or slowing down content. Oral arguments were held on Friday in the case, which is being decided by a three-judge panel of the US Court of Appeals for the District of Columbia Circuit. Throttling of firefighters' data plans played a major role in today's oral arguments.

Of the three judges, Circuit Judge Patricia Millett expressed the most skepticism of Johnson's arguments, repeatedly challenging the FCC's definition of broadband and its disregard for arguments made by public safety agencies. She also questioned the FCC's claim that the net neutrality rules harmed broadband investment. Circuit Judge Robert Wilkins also expressed some skepticism of FCC arguments, while Senior Circuit Judge Stephen Williams seemed more amenable to FCC arguments.

8 of 203 comments (clear)

  1. Ajit Pai needs to be replaced by Anonymous Coward · · Score: 5, Insightful

    Ajit Pai needs to be replaced. Does he know what voice over IP is? That's not a category of telecommunications? Does Pai know what Whatsapp and Skype do?

    At one time, we used analog modems at 300 baud over a copper land line. That was telecommunications. Now we use fiber optic cable and much faster digital modems. That's telecommunications using a 7 layer stack.

    Hello, Mr. Pai. Maybe people on the other side of the world use smoke signals. Not here. Get with the times.

  2. Re:Pass a law by DogDude · · Score: 4, Insightful

    "Just pass a law" is a lot tougher than "random employee of major telcom makes a decision while taking a poop". We need strict government regulation of Internet connections ASAP. The "free market" doesn't work in this case.

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    I don't respond to AC's.
  3. dial up internet by goombah99 · · Score: 2, Insightful

    the Internet ran over Dial-up phones (telecom) and now phones run over the internet. And I'm communicating with you at a distance electronically. Tele-com.

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    Some drink at the fountain of knowledge. Others just gargle.
  4. Re: Interstate commerce by spire3661 · · Score: 4, Insightful

    No. Your packets are not more important than mine, regardless of what you are doing. Just because you are engaged in something you feel is important does not make it so.

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    Good-bye
  5. Re:Pass a law by crashumbc · · Score: 4, Insightful

    Yes, especially when the choice is laws or Madmax, because that's what you get without laws.

  6. Re: Interstate commerce by Anonymous Coward · · Score: 2, Insightful

    So use the Sherman Act to remove media ownings from Telecom companies.

  7. Re:Pass a law by JustAnotherOldGuy · · Score: 4, Insightful

    Laws are government force enforced with violence.
    Is this what you really want?

    Yes, that is what I want.

    Some entity MUST be the "ultimate authority" and have a monopoly on the use of force. That's the way governments work unless you're a libertarian living in la-la land.

    Would you rather that your heavily-armed, meth-smoking neighbor to be the decider of who gets to do what?

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    Just cruising through this digital world at 33 1/3 rpm...
  8. Re: Pass a law by youngone · · Score: 4, Insightful

    Is that how government is supposed to work?

    No, it's really not, and those of us who don't live in the US are a bit worried how you guys have sunk so low so fast.
    At some point one of your political parties decided that winning was more important than anything else, and stopped governing in a responsible manner.
    They are supported by a bunch of fools like the A/C above, who think that:

    High time for Trump's executive branch to apply Andrew Jackson's words: "John Marshall has made his decision, now let him enforce it.

    is a reasonable way to run a country.