---------------------------------------------------------------------- Message-ID: <oqtm5h$3p$1@grapevine.csail.mit.edu> Date: Mon, 2 Oct 2017 15:32:01 +0000 (UTC) From: wollman@bimajority.org (Garrett Wollman) Subject: Re: NCTA, ACA, USTelecom look to check FCC's Title II authority in Supreme Court In article <a7bc8e417fd8221718087e127229a4f4.squirrel@email.fatcow.com>, Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com> wrote: >In its petition filed yesterday, NCTA-The Internet Television >Association accused the FCC of crafting its 2015 Title II decree and >corresponding net-neutrality rules based on the vastly outdated >standards of the communications Act of 1934. NCTA "accused the FCC of crafting its ... rules based on" the precise statute that gives it (or may not, as the courts will determine) authority to make such rules in the first place? In what way does that count as an "accusation"? If the FCC had not based its rules on the Communications Act, it would definitely have exceeded its authority. If NCTA thinks that the legal standards defined by the FCC's enabling legislation are "vastly outdated", the appropriate recourse is to Congress, not the courts. -GAWollman -- Garrett A. Wollman | "Act to avoid constraining the future; if you can, wollman@bimajority.org| act to remove constraint from the future. This is Opinions not shared by| a thing you can do, are able to do, to do together." my employers. | - Graydon Saunders, _A Succession of Bad Days_ (2015) ------------------------------ ********************************************* End of telecom Digest Tue, 03 Oct 2017