It was actually put in the FCC hands by the courts which in ATTv Portland the 9th circuit said Portland could not regulate broadband internet access over cable because the "Communications Act prohibits a franchising authority from doing so". The FCC adopted the rule making process and comments period and then classified it as information services.
So, what you just admitted is that the FCC does have jurisdiction in this matter. Thank you.
Now if you'd like to make the case that Chairman Wheeler needs to go to the NPRM process, I don't know if you've been under a rock for the last year or so but the FCC has received record breaking amounts of comments on this subject.
Where voice communications go to or from or travel is meaningless. They can go anywhere they want.
Really? So in cases of emergencies, say a Katrina or a Sandy, we don't need no stinking regulations?
You could possibly make the case that internet connectivity isn't crucial but voice communications are used to call police, fire and for medical help - in other words, critical infrastructure.
If a car runs through your back yard, it doesn't automatically give some government agency the right to declare your back yard a road.
Whoa there buddy, you've gone off the track and aren't really making sense on that one.
The classification of internet services as an information service has went from being thrown on the FCC by the courts, to appealed and rejected by the courts, to validated by the supreme court.
That explicitly means that the FCC also has the power to reverse that decision.
To all the sudden say that all this court process (precedent) including the Supreme Court's ruling is BS and doesn't apply because a government agency by executive fiat is going to change the rules of the game without any legislative input is severely troubling as well as unconstitutional
Bullshit. The SCOTUS ruled that the FCC does have that authority and you just admitted that.
And you will find this will end up as unconstitutional in the US supreme court because if they do change the classification, there will be court challenges out the ass and quite a few of them will include expectations of payment via the 5th amendment just compensation clauses.
I would agree that Title II isn't exactly tailored for the job, it's a holdover from the past. And to be quite frank with you, I would have loved to see Congress step up to the plate and do something for the American people for a change - but that's not what's happening here. Since Congress isn't going to do it, the FCC should impose Title II and then fix what doesn't work, even if that means having the courts argue over what works and doesn't. What we can see here is that Congress isn't fixing the problem, they are making it a lot worse.
Instead, we're handing control over one of our most critical pieces of infrastructure to monopolies who survive by using the public right of way as well as spectrum owned by the American people. I maintain that if any American wants access to that right of way, they have every bit as much right to do so as any large company. Further, if the voters in any municipality vote to roll out their own network, no one should be able to take that right away form them - unless you want to make a case that the local people shouldn't have that right of self-determination. Personally, I'd love to hear you make that argument.