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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.

2 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 : a federal statute by whit3 · · Score: 5, Interesting

    Telecom's classic definition is phone service.

    This is a young country, but it's not THAT young. The classic definition is long-distance communication.

    The Constitution of 1776 put all the known channels of telecommunication (post offices, post roads, and navigable waterways) firmly in federal control, so that states and local for-profit enterprises couldn't interfere.

    The office of Postmaster General pre-dates those of Chief Justice, President, Senator, and Representative. Communication was too important, back then, to be delayed; it still is.