The Federal Comminications Commission, headed by Verizon shill Ajit Pai, has been unwilling to cooperate for weeks, after millions of fake hacked accounts gummed up the FCC’s net neutrality comment period. Pai briefly attempted to pass the blame onto net neutrality advocates but decided in this current Republican/totalitarian free-for-all, he could just close his eyes and plug up his ears and pay off the demons who own his soul. The comment system debacle has given Pai an excuse for not listening to the overwhelming wants and needs of the American people—and the hack stinks pretty badly. With the vote to do away with the Obama-era FCC’s consumer protections coming up in less than two weeks, Democratic lawmakers have asked Pai to delay the vote while questions of whether or not the Federal Trade Commission—which Pai plans on handing over the consumer protections reigns to—even has the jurisdiction to do that job.
Astoundingly, after committing the entire future of consumer protection from broadband access providers to the FTC, the draft Order cavalierly dismisses the ongoing litigation that deprived the FTC of any jurisdiction to carry out the job the Draft Order thrust upon it. To the contrary, the cavalier way in which the Draft Order dismisses this concern4 raises the question as to whether the proposal takes even its own fig leaf of consumer protection seriously. The question is not, as the Draft Order seems to imagine, whether the panel decision remains in effect. The question that should concern the Commission is whether or not the en banc panel will likewise deprive the FTC of jurisdiction over broadband access providers despite being downgraded to an “information service.”
As Acting General Counsel Nick Degani made clear in an attempted filing with the Ninth Circuit following oral argument,5 should the Ninth Circuit find for AT&T Mobility, the FCC would have no authority to protect consumers following adoption of the Draft Order. A vote to approve the Draft Order, followed by a decision favorable to AT&T Mobility by the Ninth Circuit, would therefore create a “regulatory gap” that would leave consumers utterly unprotected.
This potential regulatory gap is further compounded by the Draft Order’s purported preemption of any state regulations the FCC deems “incompatible” with the newly announced “deregulatory” federal policy. Although the Draft Order is vague as to what, precisely, the FCC is preempting, it would appear from context that it includes state consumer protection laws. In short, the FCC has decided to put all remaining consumer protection eggs in one basket, but cannot be troubled to wait until the Ninth Circuit affirms that this approach is actually consistent with the FTC’s own jurisdictional statute.
It would seem like a reasonable thing to wait and see, at the very least, whether or not what you say is possible is EVEN REMOTELY POSSIBLE. It’s not like telecoms are hurting for profits. But reason does not figure into Republican thinking, as Arstechnica found out when contacting Ajit Pai’s office. They received a letter with this bit of propaganda:
Campaign ActionThis is just evidence that supporters of heavy-handed Internet regulations are becoming more desperate by the day as their effort to defeat Chairman Pai's plan to restore Internet freedom has stalled. The vote will proceed as scheduled on December 14.
In chairman Ajit’s Pai’s defense, he may be the result of an ancient curse. Pai and his telecom-bill drafters are arguing that the case before the Ninth Circuit will be decided in favor of the FCC and thus will restore the FTC’s powers to protect consumers. Of course, this doesn’t take into account the proposal’s added attack on state’s rights—written up and regurgitated by Pai and his cronies—that would make it illegal for states to make their own net neutrality consumer protections. Once again, Pai’s ultimate defense may be that when he met the devil at the crossroads he promised his eternal soul to him and cannot look back now or his kingdom will turn into a pillar of salt.
If you want to explain the importance of net neutrality to a friend or family member who doesn’t want you to “get all technical” and confusing, read this diary.