There’s a strong statutory argument against the FCC reclassifying broadband...
There’s a strong statutory argument against the FCC reclassifying broadband to be under Title II regulation, USTelecom Counsel Seth Waxman said during a teleconference. USTelecom filed a letter in response to the commission’s consideration of reclassification. “The letter is directed…
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at the FCC to make them aware of what I see as a very perilous proceeding,” Waxman said. “Given the long history of the commission classifying all forms of broadband Internet access as an integrated information service, not as a telecom Title II service, strongly suggests that a court would properly reject an assertion of Title II authority at this point.” The fact is “the commission has consistently not classified any form of broadband Internet access as a Title II service,” he said. Transformative proposals by some advocates “aren’t driven by any relevant changes in either the law or the facts bearing on the relevant statutory definitions.” Instead, they've cited the Comcast v. FCC decision “as a basis for urging the commission to advance an industry-transforming regulatory agenda.” Title II adoption could revolutionize government regulation “all for the evident purpose of evading the consequences of a court decision limiting the commission’s authority,” Waxman said.