In early June, Tom Wheeler touted in a blog post that “I believe that it is in the best interests of consumers and competition that the FCC exercises its power to preempt state laws that ban or restrict competition from community broadband. Given the opportunity, we will do so.”

And like, shazaam, just last Friday, Chattanooga, TN’s municipal broadband provider – EPB – and the City of Wilson, NC petitioned the FCC to preempt / overturn portions of Tennessee and North Carolina law that protect taxpayers by limiting municipally-provided communications services.

Though Tom Wheeler and the petitioners might believe that the FCC can preempt these state laws via Section 706 of the Telecommunications Act – a dubious, untested formula provided by the recent DC Circuit ruling, which struck down core aspects of the agency’s Net Neutrality rules – at least 20 states and their taxpaying voters would beg to differ.

The following video (shot before this news occurred), features Less Government’s Seton Motley as he discusses why this latest proposal stinks for rightfully fearful taxpayers.

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Comments of MediaFreedom to the FCC

MediaFreedom.org[1] has long-argued against FCC imposition of its Net Neutrality rules, believing that the vibrant Internet ecosystem would be harmed by this unwarranted regulation. Although the latest proposal by the FCC appears headed in a more moderate Section 706 / “commercially reasonable” direction, the very idea of protecting the Open Internet in this manner remains wrong. These rules, if adopted in any form, will ultimately lead to broad, pervasive and stultifying Internet regulation, which will frustrate broadband deployment and harm Americans. The FCC should refrain from issuing its Net Neutrality rules at this time. [click to continue…]

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#FAIL – On the last day to take comments for its Net Neutrality rulemaking – a day that the FCC has no choice but to make the Internet work for it due to the expected high volume of comments streaming over the medium to the agency – their servers are clogged.

Looks like the FCC’s turned into the DMV.

The agency wants to run the Internet with its expansive Net Neutrality rule…

…and yet they can’t even get file transfers right (when it knows a ton are coming).

Goodbye Internet.  It was nice knowing ya’.

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Comments of Free-Market Advocates Opposed to Internet Regulation

For 10 years officials at the Federal Communications Commission have told Americans that the Internet will “break” unless the agency steps in to keep it “free and open.” All the while, the Internet’s privately driven development has been vibrant, relentless and universal. Nevertheless, at points during this same period the Commission twice sought to encumber the Internet with restrictive common carrier-like, Net Neutrality regulations. In response to each of these actions, the DC Circuit twice struck down the agency’s overreach. In the latest DC Circuit ruling – Verizon v. FCC[1] – the Court struck down the main thrust of the Commission’s arguments, but found that the Commission had some authority under Section 706 of the Communications Act. The Commission has apparently undertaken the present Notice of Proposed Rulemaking to once again establish a regulatory regime in the absence of a market failure or a clear Congressional grant of authority.

The Internet is “free and open,” making the vast “network of networks” an integral engine for societal growth, participatory democracy and global commerce. Its healthy development came primarily through the lack of government regulation, not because of it. Although the Court seems to have offered the FCC a very narrow pathway to impose some form of Net Neutrality regulation on the Internet, nothing demands that the FCC go forward with its present plans.

Sadly, the discussion on Net Neutrality has turned away from the subject of what the vast majority of American consumers actually want and need, and is now focused almost entirely on the demands of a minority of political activists. These political activists have argued for a decade that in the absence of immediate and pervasive federal regulation the broadband Internet will be destroyed by the very companies supplying it. Given the tremendous and continued organic growth of the ecosystem, this radical viewpoint is counterfactual on its face.

Over the past decade, Americans have witnessed in real time, under the rigors of the real-world, the real benefits of a minimal policy framework, which has enabled the Internet’s edge, core and end-users to simultaneously thrive and prosper. To this end, government involvement in the Internet should continue to follow that “light touch” regulatory path. Absent clear evidence of a market failure or demonstrable consumer harm, network management decisions should remain in the hands of the network engineers who are the real-world experts in charge of its many parts, and the free economy which has nimbly and generously financed its development. If network management were to end up looking like government-controlled phone-service infrastructure, the expertise offered by the engineers and the innovation offered by the free economy would be greatly diminished, and producers and consumers would both suffer harm.

The FCC should therefore avoid issuing new Net Neutrality regulations at this time. Instead, we urge the Commission to wait for Congress’ guidance before proceeding further.  Regardless of the DC Circuit’s ruling, it would be wholly inappropriate for unelected FCC Commissioners – some of whom could be influenced in no small measure by the demands of a non-expert political faction – to step into the breach and create a massive new regulatory regime which will have profound effects not only on the communications industry itself, but also on virtually every aspect of our society and economy.   [click to continue…]

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“Simple” Net Neutrality Ain’t So Simple – What Al Franken Should’ve Said at Free Press Event

July 12, 2014
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It’s Just “Simple” Net Neutrality, Says Stuart Smalley

July 10, 2014

We hear a lot from the groups pushing for Net Neutrality about how it’s really a simple concept.  After all – it only involves what’s already baked into the Internet. Like, “neutrality,” or something really fair and cool for “edge” innovators. Tuesday afternoon, Free Press – one such group pushing that “simple’ concept – hosted […]

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Free Press Wants to “Save the Internet” by Killing It

June 26, 2014

Free Press – the “consumer group” that has made a fortune off of the FCC’s needless and endless Net Neutrality push – has enlisted its troops to help it “Save the Internet” by urging the FCC to “reclassify” ISPs as old-fashioned common carriers (a.k.a. telephone companies). What does that mean – reclassify? Something simple. A […]

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MediaFreedom Files Comments on the Comm Act Update with Congress

June 16, 2014

As part of updating the Telecommunications Act of 1996, the House Energy and Commerce Committee sought third-party comment on the state of U.S. competition policy, asking what Congress could do to “understand areas where the law is no longer working effectively and determine areas of improvement to foster an environment for innovation, consumer choice, and […]

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Video: Naive Silicon Valley

June 10, 2014

Silicon Valley lobbied its rear end off to get the twice court-rejected Net Neutrality regulations on the FCC rulebooks. Why such efforts? Well, because Net Neutrality represents a free-ride for the Valley, one which many of its biggest players have built their businesses upon. As the FCC embarks on its third bite of this rotten […]

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“Fast Lanes” Coming to the Internet – Thankfully

June 10, 2014
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