Comment Re:One Word ... (Score 2) 234
Actually, the FCC basically wrote the lawsuit with all it's work on the internet being an information service or an enhanced service prior to 96. I doubt the FCC will have to wait until republicans get in power before having to toss the title 2 regulation over the internet.
It is important to note, the FCC has never until recently held any position that the internet was anything other than a title 1 enhanced or information service. Even the brief period of time in the 90's when it became a title 2 classification due to court action that was overturned on appeal, they wrote legal briefs and filed them with the courts proclaiming the mistake in title 2 classification.
Here are a few notable quotes from one of the reports I have have been looking at.
i]t
certainly was not Congress's intent in enacting the supposedly pro-competitive, deregulatory 1996 Act to extend the burdens of current Title II regulation to Internet services, which historically have been excluded from regulation."
and
Senators Ashcroft, Ford, John F. Kerry, Abraham and Wyden emphasize that "[n]othing in the 1996 Act or its legislative history suggests that Congress intended to alter
the current classification of Internet and other information services or to expand traditional telephone regulation to new and advanced services." 75 Like Senator McCain, they state: "Rather than expand regulation to new service providers, a critical goal of the 1996 Act was to diminish regulatory burdens as competition grew."
http://transition.fcc.gov/Bure...
As much as something needed to be done about the state of internet, I don't think the FCC's move was the right thing and I'm pretty sure it will not pass the court's especially seeing how they are bragging about doing it to get around a failed court challenge to something previously. I can't see the courts siding with the FCC if there is any ambiguity at all.